PEOPLE v. MERTZ


68 N.Y.2d 136 (1986)

The People of the State of New York, Respondent, v. Edward Mertz, Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1986.


Attorney(s) appearing for the Case

Victor Knapp for appellant.

Denis Dillon, District Attorney (Gary H. Nurkin and Anthony J. Girese of counsel), for respondent.

Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur with Judge MEYER; Chief Judge WACHTLER concurs in result in a separate concurring opinion.


MEYER, J.

A violation of Vehicle and Traffic Law § 1192 (2) is not established unless the trier of fact finds that while operating a motor vehicle defendant had a blood alcohol content (BAC) of .10 of 1% or more. Evidence that a breathalyzer test administered within two hours of arrest showed defendant to have such a BAC is sufficient to establish prima facie a violation of the subdivision. It is, however...

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