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PEOPLE v. GARY

233 A.D.2d 939 (1996)

649 N.Y.S.2d 879

The People of the State of New York, Respondent, v. Sabu Gary, Appellant

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

November 8, 1996

Judgment unanimously affirmed.

Memorandum:

Defendant was convicted of felony driving while intoxicated (DWI) (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]) and failure to yield the right-of-way (Vehicle and Traffic Law § 1141). He contends that his conviction of felony DWI is against the weight of the evidence. We disagree. A person is intoxicated when that person "has voluntarily consumed alcohol to the extent that he [or she] is incapable...

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