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PEOPLE v. BLAIR

98 N.Y.2d 722 (2002)

779 N.E.2d 748

749 N.Y.S.2d 809

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHAEL G. BLAIR, Respondent.

Court of Appeals of the State of New York.

Decided September 17, 2002.

Attorney(s) appearing for the Case

Cindy F. Intschert, District Attorney, Watertown (Ana J. Peña-Wallace of counsel), for appellant.

Conboy McKay Bachman & Kendall, LLP, Carthage (Lawrence D. Hasseler of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of County Court should be reversed, defendant's motion to dismiss denied, and the case remitted to City Court for further proceedings on the accusatory instrument.

Forty-five minutes after he was stopped for a traffic infraction, defendant took a breathalyzer test indicating that he had a .08% blood alcohol level. He was charged with violating Vehicle and Traffic Law § 1192 (3), common-law driving while...

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