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  5. 42 N.Y.2d 170 (1977)
 

PEOPLE v. GREER

42 N.Y.2d 170 (1977)

The People of the State of New York, Appellant, v. Philip Greer, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1977.

Attorney(s) appearing for the Case

Edward C. Cosgrave, District Attorney (John J. DeFranks of counsel), for appellant.

Rosalie M. Stoll and Nathaniel A. Barrell for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge COOKE; Chief Judge BREITEL concurs in result on the opinion by Mr. Justice G. ROBERT WITMER at the Appellate Division.

COOKE, J.

Shortly after one thirty on the morning of July 26, 1974 complainant drove her car to a point in front of her Buffalo apartment where she fell asleep behind the wheel. She testified as to having previously consumed five or six drinks. An hour or so later she was awakened by defendant Greer who inquired if she was all right or needed help. When defendant stated he was going to South Park and was walking...

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