New York County Courts June 5, 1962 (People v. Fox)

Johst P. Lomekzo, J.

Defendant contends that the subject information was defective and that there was a failure to prove beyond a reasonable doubt:

A. All of the allegations set forth in the information;

B. That defendant was operating the subject motor vehicle;

C. That defendant was physically and mentally capable of operating the motor vehicle in view of his advanced state of intoxication.