PEOPLE v. KURTZ


92 A.D.2d 962 (1983)

The People of the State of New York, Respondent, v. John C. Kurtz, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 3, 1983


On the evening of August 29, 1981, defendant and his girlfriend, Janet Wilson, were riding in defendant's automobile when it left the roadway and struck a nearby embankment. Defendant was thereafter indicted and convicted of driving while intoxicated, as a felony. Ample evidence was produced from which the jury could have concluded, beyond a reasonable doubt, that defendant was both intoxicated and the operator of the vehicle and not merely a passenger, as defendant had maintained...

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