People v. Fratangelo

New York Court of Appeals · Decided 2014-06-05

Cited by 254 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

*508 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…

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