Appellate Division of the Supreme Court of the State of New York March 13, 1997 (People v. Stiffler)

Mercure, J.

Appeal from a judgment of the County Court of Delaware County (Estes, J.), rendered November 20, 1995, upon a verdict convicting defendant of the crime of driving while intoxicated.

In response to a citizen’s telephone complaint concerning an intoxicated person who had run out of gas and was knocking on doors in the neighborhood, at approximately 6:00 a.m.