PEOPLE v. BROWN


53 N.Y.2d 979 (1981)

The People of the State of New York, Appellant, v. Claude M. Brown, Respondent.

Court of Appeals of the State of New York.

Decided June 2, 1981.


Attorney(s) appearing for the Case

Joseph Kelley, District Attorney (Steven Foyer of counsel), for appellant.

Respondent precluded.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed and the judgment of Clinton County Court reinstated.

Defendant was indicted for the crime of operating a motor vehicle while in an intoxicated condition based on evidence of the results of a breathalyzer test and testimony of a police officer who observed the defendant at the time of his arrest. The jury was charged that it could find defendant guilty...

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