People v. Duffy , 9 A.D.2d 747 ( 1959 )

Judgment affirmed. Concur — Botein, P. J., Rabin, M. M. Frank and Stevens, JJ.; McNally, J., dissents in the following memorandum: I dissent and vote to reverse the judgment of conviction and to dismiss the information on the ground that the guilt of defendant was not established beyond a reasonable doubt in view of the clinical findings and of the manner in which the motor vehicle was operated prior to the arrest of the appellant.