People v. Turner (2012) – Case Brief Summary (New York)

In People v. Turner, 34 Misc 3d 159[A], 950 N.Y.S.2d 725, 2012 NY Slip Op 50443[U] [App Term, 9th & 10th Jud Dists 2012], the police received a 911 call by a non-testifying informant to the effect that a light-colored minivan was being operated on the Long Island Expressway in a fashion that suggested that the driver was intoxicated, and that the van had come to a stop beside the expressway between specified exits.

An investigating officer discovered defendant's vehicle parked at the reported location, with defendant sleeping in the driver's seat.

Although the key was in the ignition, the engine and vehicle lights were turned off.

Affirming the conviction, the Appellate Term said, "The element of operation can be proven by circumstantial evidence, that is, without the necessity of eyewitness testimony that defendant operated his or her vehicle."