PEOPLE v. ALT


50 A.D.3d 1164 (2008)

854 N.Y.S.2d 591

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT A. ALT, Appellant.

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

Decided April 3, 2008.


Rose, J.

After defendant was found seated in the driver's seat of a vehicle stopped in a highway intersection with the motor running, he admitted that he had been drinking, failed a number of sobriety tests and was ultimately indicted for the crime of driving while intoxicated as a felony. County Court subsequently rejected defendant's attempted plea allocutions. At the ensuing jury trial, the defense argued that defendant had not been intoxicated when he actually...

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