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PEOPLE v. POOLE

41 A.D.3d 867 (2007)

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH POOLE, Also Known as KEN POOLE, Appellant.

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

Decided June 26, 2007.

Ordered that the judgment is affirmed.

The defendant was convicted of driving while intoxicated per se under Vehicle and Traffic Law former § 1192 (2). That law provided that "[n]o person shall operate a motor vehicle while such person has .10 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva" (Vehicle and Traffic Law former § 1192 [2]). The defendant argues...

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