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People v. Ambrozik

104 A.D.2d 693 Court N.Y. App. Div. Decision date 1984-09-20 English

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p. 693
The People of the State of New York, Respondent, v Adam Ambrozik, Appellant.

— Appeal from a judgment of the

p. 694
County Court of Chemung County (Monroe, J.), rendered July 30, 1982, upon a verdict convicting defendant of two counts of the crime of operating a motor vehicle while under the influence of alcohol.

Upon this record, it was proper for the court to submit to the jury, as a question of fact, whether the breathalyzer test was administered to defendant within two hours of his arrest for driving while intoxicated (see People v Keane, 76 AD2d 963 ). Additionally, we do not find the concurrent sentences imposed in this case, i.e., a $500 fine and one year in the county jail on the conviction for driving with at least .10% of alcohol in his blood (Vehicle and Traffic Law, § 1192, subd 2) and 60 days in the county jail on the conviction for driving while ability impaired by alcohol (Vehicle and Traffic Law, § 1192, subd 1), to be harsh or excessive.

Judgment affirmed. Mahoney, P. J., Kane, Casey, Weiss and Yesawich, Jr., JJ., concur.