PEOPLE v. MOLINA


128 Misc.2d 638 (1985)

The People of the State of New York, Appellant, v. Porfirio Molina, Respondent.

Supreme Court, Appellate Term, First Department.

May 6, 1985


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Steven R. Kartagener, Peter D. Coddington and Roger L. Stavis of counsel), for appellant. William E. Hellerstein and Robert E. Precht for respondent.

DUDLEY, P. J., HUGHES and SANDIFER, JJ., concur.


Per Curiam.

Order entered January 6, 1984 reversed, on the law, charge of operating a motor vehicle while having .10 of 1% or more by weight of alcohol in defendant's blood reinstated, and case remanded to Criminal Court for further proceedings.

On December 2, 1983, at about 4:00 A.M., a car operated by the defendant struck a concrete abutment at the Whitestone Bridge toll plaza. The police officer summoned to the scene noticed that defendant's eyes were watery...

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