PEOPLE v. ARDILA


85 N.Y.2d 846 (1995)

647 N.E.2d 1355

623 N.Y.S.2d 847

The People of the State of New York, Respondent, v. Jose Ardila, Also Known as Jose Ardilla, Appellant.

Court of Appeals of the State of New York.

Decided February 16, 1995.


Attorney(s) appearing for the Case

David B. Weisfuse, White Plains, and Stephen J. Pittari for appellant.

Jeanine Pirro, District Attorney of Westchester County, White Plains (Richard Longworth Hecht and Richard E. Weill of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The trial court did not err in instructing the jury, over defense counsel's objection, that voluntary "intoxication" as that term is used in Vehicle and Traffic Law § 1192 (3) means the voluntary consumption of alcohol to the point where the individual's "ability to drive safely [i]s impaired to a substantial extent" (emphasis supplied...

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