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PEOPLE v. SCHMIDT

124 Misc.2d 102 (1984)

The People of the State of New York, Plaintiff, v. Earle Schmidt, Defendant.

Criminal Court of the City of New York, New York County.

April 30, 1984

Attorney(s) appearing for the Case

Caesar Cirigliano and John R. Langell for defendant. Robert M. Morgenthau, District Attorney (Thomas W. Soybell of counsel), for plaintiff.

IRVING LANG, J.

Universally recognized as the most effective weapon in New York's arsenal of statutes aimed at drunken drivers is subdivision 2 of section 1192 of the Vehicle and Traffic Law. That section provides, in relevant part: "No person shall operate a motor vehicle while he has .10 of 1 per centum or more by weight of alcohol in his blood as shown by chemical analysis of his blood, breath, urine or saliva". (Vehicle and Traffic Law, § 1192...

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