PEOPLE v. MOUCK


145 A.D.2d 758 (1988)

The People of the State of New York, Respondent, v. William J. Mouck, Appellant

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

December 8, 1988


Weiss, J.

The police, in response to a complaint, found defendant seated behind the wheel of his automobile parked in his own driveway. The keys were in his hand, the motor was hot and a fresh trail of transmission fluid led from the driveway for a distance of two or three tenths of a mile. Defendant admitted he had been drinking, but denied driving the auto. At the police station, he tested .21% blood alcohol content on a breathalyzer test. He was indicted...

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