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PEOPLE v. FRATANGELO

No. 108

23 N.Y.3d 506 (2014)

15 N.E.3d 1178

992 N.Y.S.2d 169

2014 NY Slip Op 4041

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICIA FRATANGELO, Appellant.

Court of Appeals of New York.

Decided June 5, 2014.

Attorney(s) appearing for the Case

James A. Baker , Ithaca, for appellant.

Barry L. Prosch , District Attorney, Waterloo, for respondent.

OPINION OF THE COURT

SMITH, J.

We hold that, in a prosecution for drunken driving, the opinion of a defense expert that the defendant's blood alcohol content (BAC) was below the statutory threshold is not "prima facie evidence" that the defendant was not intoxicated. A defendant is nevertheless entitled, upon request, to an instruction that if the jury finds that the BAC was as the expert testified, it may...

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