New York Court of Appeals February 19, 1987 (People v. Booden)

lead-opinion

OPINION OF THE COURT

Simons, J.

Defendant was convicted after a nonjury trial in the Walworth Town Court of operating a motor vehicle while his ability was impaired by the consumption of alcohol (Vehicle and Traffic Law § 1192 [1]). The conviction arose out of an incident which occurred at approximately 3:00 a.m.