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STATE v. LEROY

(5324)

16 Conn. App. 472 (1988)

STATE OF CONNECTICUT v. JAMES LEROY

Appellate Court of Connecticut.

Decision released September 27, 1988.

Attorney(s) appearing for the Case

Paul N. Rotiroti, certified legal intern, with whom were Todd D. Fernow and, on the brief, Michael R. Sheldon, for the appellant (defendant).

Timothy J. Sugrue, deputy assistant state's attorney, with whom, on the brief, were Susann E. Gill, assistant state's attorney, and Patrick Cosgrove, former assistant state's attorney, for the appellee (state).

BORDEN, SPALLONE and DALY, JS.

DALY, J.

The defendant appeals from the judgment of conviction, after a jury trial, of assault in the second degree with a motor vehicle while intoxicated in violation of General Statutes (Rev. to 1983) § 53a-60d (a).1

The dispositive issue on appeal is whether the trial court erred in instructing the jury to apply the prima facie provisions of General Statutes (Rev. to 1985) § 14-227a (d)2

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