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PEOPLE v. CUNNINGHAM

274 A.D.2d 484 (2000)

711 N.Y.S.2d 909

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER CUNNINGHAM, Appellant.

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

Decided July 17, 2000.

Ordered that the judgment is affirmed.

The defendant was found in the driver's seat of his parked car, intoxicated and slumped over the steering wheel, while the motor of the car was running. "[O]peration of the vehicle is established on proof that the defendant was merely behind the wheel with the engine running without need for proof that the defendant was observed driving the car, i.e., operating it so as to put it in motion" (People v Alamo,

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