People v. Booden

In People v. Booden, 69 NY2d 185 (1997) the defendant and two other individuals were found standing next to a motor vehicle, which had come to rest in a ditch. When the investigating officer arrived on the scene, he asked who had been the driver. In response, the defendant identified himself as the driver and produced his driver's license. Based upon the following facts, the Court of Appeals held that there was sufficient corroborative evidence to conclude that the defendant was operating the motor vehicle, namely: the motor vehicle was found in a ditch facing the wrong direction of travel; the defendant and the other two individuals were standing next to the motor vehicle; the defendant identified himself as the driver.