Court of Appeals of New York

Defendant's conviction for driving while intoxicated is affirmed, where: 1) 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; 2) 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 find that the defendant was not intoxicated; and 3) defendant here requested only the "prima facie evidence" instruction to which she was not entitled.

Appellate Information

• Decided 06/05/2014
• Published 06/05/2014

Judges

• SMITH

Court

• Court of Appeals of New York

Counsel