PEOPLE v. CLANCY

2007-275 S CR.

2008 NY Slip Op 51432 (U)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE CLANCY, Appellant.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 2, 2008.


Judgment convicting defendant of refusal to submit to a breath test reversed on the law, sentence imposed thereunder vacated and said accusatory instrument dismissed.

Upon this appeal, defendant contends that the judgment convicting him of driving while ability impaired (Vehicle and Traffic Law § 1192 [1]) was not supported by legally sufficient evidence to establish his guilt beyond a reasonable doubt and that the verdict was against the weight of the evidence...

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