People v Vassilatos (Gerald)
2003 NY Slip Op 51339(U)
Decided on September 12, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, Second Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Unclassified—Unclassified

Decided on September 12, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:LIFSON, J.P., RUDOLPH and SKELOS, JJ.
NO. 2002-625 OR CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

GERALD VASSILATOS, Appellant.


[*2]Appeal by defendant from a judgment of the Justice Court, Town of Chester, Orange County (P. Masella, J.), rendered April 8, 2002, convicting him of driving while intoxicated in violation of section 1192 (2) of the Vehicle and Traffic Law and imposing sentence thereon.


Judgment of conviction unanimously reversed on the law and facts, accusatory instrument dismissed and fine, if paid, remitted.

In the case at bar, the testimony, even when considered in the light most favorable to the People (see People v Contes, 60 NY2d 620), was insufficient to establish beyond a reasonable doubt that defendant operated the vehicle (see People v Prescott, 95 NY2d 655, 662).
Decision Date: September 12, 2003