- 33 -
amount of wine poured in each glass. Initially, petitioner
testified that each .750-liter bottle yielded approximately four
6-ounce servings of wine if it was served over ice in a 10-ounce
glass.30 Later, however, petitioner indicated that each bottle
served only 2� glasses of wine. When viewed in context, however,
petitioner's testimony reveals no incongruity. Petitioner's
statement that each bottle yielded only 2� glasses of wine was
made in response to respondent's inquiry as to whether wine was
served over ice. Petitioner stated that wine was served "either
way" and then elaborated on how many servings he obtained from
each bottle.31 Petitioner's testimony that he got "only * * *
2� glasses of wine" from each bottle appears to clarify the
number of servings of wine each bottle yielded when the wine was
served without ice in a 10-ounce glass. Accordingly, we find no
irreconcilable conflict in petitioner's testimony.
Respondent contends that a 6-ounce serving of wine is
30 25.13 ounces per bottle � 4 glasses per bottle = 6.28 ounces
per glass.
31 The transcript reads, in pertinent part, as follows:
Q. Now, you testified that its over ice, correct?
A. Well, either way. They could drink a glass of wine up,
you know --
Q. Right.
A. -- on the rocks, and you'd probably only get three
glasses or two-and-a-half out of a bottle. If you use
a 10-ounce glass -- if you had a 25 ounce glass and you
had a 10 -- a 10-ounce glass, you'd only get 2 [and
one-half] glasses of wine.
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