PEOPLE v. LAMONTAGNE


91 Misc.2d 263 (1977)

The People of the State of New York, Respondent, v. George LaMontagne, Appellant.

Supreme Court, Appellate Term, Second Department.

August 4, 1977


Attorney(s) appearing for the Case

Peter J. Byrnes for appellant. Denis Dillon, District Attorney (William C. Donnino, Anthony J. Girese, Juri Toomi and Peter Lerner of counsel), for respondent.

Concur: GLICKMAN, P. J., PITTONI and SILBERMAN, JJ.


MEMORANDUM.

Judgment of conviction for driving while under the influence of alcohol in violation of subdivision 2 of section 1192 of the Vehicle and Traffic Law affirmed.

The record discloses that defendant was arrested at about 9:10 P.M. at the site of an accident in which he was involved. A breathalyzer test was administered at 10:45 P.M. and a reading of .20% was obtained. Upon this appeal, defendant contends...

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