70 A.D.2d 986 | N.Y. App. Div. | 1979
— Appeal from a judgment of the County Court of St. Lawrence County, rendered July 14, 1978, upon a verdict convicting defendant of the crime of operating a motor vehicle while under the influence of alcohol, as a felony. The record contains testimony that on November 9, 1977, at about 11:45 p.m., Alice Race drove her car into her garage from the public highway fronting her residence. About 20 minutes after garaging her car she observed what appeared to be car headlights shining on her garage door with an increasing brightness until suddenly the light was shut off. She could hear a motor running and after awaking her husband she looked out of the house and saw a car sitting in her driveway with its parking lights on and its motor running. Her husband investigated and he testified that he went outside and looked into the car and, upon seeing the defendant slumped on the steering wheel, apparently asleep, he returned inside. Since the Races did not know the defendant or his car, they called the Sheriff for assistance. Two Deputy Sheriffs testified that they promptly responded to the dispatcher’s report and upon arrival they attempted to awaken the defendant by rapping on the car window, but he did not arouse. To assist the Races, they opened the car door and, after turning off the car engine, one of them shook the defendant until he awoke. Mr. Race testified that the defendant told the officers that he was "resting”. The Deputies testified that