PEOPLE v. BERG


239 A.D.2d 97 (1998)

670 N.Y.S.2d 57

The People of the State of New York, Appellant, v. Elizabeth A. Berg, Respondent

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

March 5, 1998


Attorney(s) appearing for the Case

Kenneth R. Bruno, District Attorney of Rensselaer County, Troy (Bruce E. Knoll of counsel), for appellant.

Gerstenzang, O'Hern & Gerstenzang, Albany (Peter Gerstenzang of counsel), for respondent.

WHITE, PETERS, SPAIN and CARPINELLO, JJ., concur.


CARDONA, P. J.

On September 30, 1995, at approximately 5:30 A.M., defendant drove her automobile into a ditch off Sheer Road in the Town of Sand Lake, Rensselaer County, near the residence of State Trooper Andrew Lindeman. Awakened by the accident, Lindeman went outside to investigate. Defendant asked him to help her remove the vehicle from the ditch and not to call the police. He smelled alcohol on defendant...

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