The following excerpt is from People v. Testa, 60 Misc.3d 928, 80 N.Y.S.3d 893 (N.Y. Cty. Ct. 2018):
Finally, it should be noted that appellate courts have consistently held that where, as here, the time of the offense is not an essential element of the charged crimes, the prosecutors failure to prove the exact date and time does not render the evidence legally insufficient (see , People v. Haust , 134 A.D.2d 916, 522 N.Y.S.2d 71 [4th Dept. 1987] time is not a material element of the crime of driving while intoxicated, and therefore, the prosecutor is not
[80 N.Y.S.3d 898]
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