PEOPLE v. PENOYER


135 A.D.2d 42 (1988)

The People of the State of New York, Respondent, v. Ronald Penoyer, Appellant

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

January 21, 1988


Attorney(s) appearing for the Case

Peter E. Smith for appellant.

Neal A. Rose, District Attorney, for respondent.

LEVINE and HARVEY, JJ., concur with YESAWICH, JR., J.; MIKOLL, J., dissents and votes to reverse in a separate opinion; MAIN, J. P., not taking part.


YESAWICH, JR., J.

Defendant was indicted for vehicular manslaughter, vehicular assault and two counts of operating a motor vehicle while under the influence of alcohol following a motor vehicle accident occurring on September 15, 1984 on State Route 80 in the Town of Cazenovia, Madison County. There was testimony that defendant had spent some five hours before the accident drinking beer at a local bar and that...

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