PEOPLE v. BOODEN


69 N.Y.2d 185 (1987)

The People of the State of New York, Appellant, v. James Booden, Respondent.

Court of Appeals of the State of New York.

Decided February 19, 1987.


Attorney(s) appearing for the Case

Stephen R. Sirkin, District Attorney (Daniel G. Barrett of counsel), for appellant.

Frank R. Webster for respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur with Judge SIMONS; Judge BELLACOSA dissents and votes to affirm in a separate opinion.


SIMONS, J.

Defendant was convicted after a nonjury trial in the Walworth Town Court of operating a motor vehicle while his ability was impaired by the consumption of alcohol (Vehicle and Traffic Law § 1192 [1]). The conviction arose out of an incident which occurred at approximately 3:00 A.M. on July 20, 1985 when a westbound vehicle owned by defendant's father left Route 441 and came to rest in a ditch...

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