PEOPLE v. KEY


45 N.Y.2d 111 (1978)

The People of the State of New York, Respondent, v. Robert F. Key, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1978.


Attorney(s) appearing for the Case

Robert C. Alexander for appellant.

Denis Dillon, District Attorney (Anthony J. Girese and William C. Donnino of counsel), for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


Chief Judge BREITEL.

Defendant was charged, in a simplified traffic information, with operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law, § 1192). After a jury had been sworn the District Court, on defendant's motion, dismissed the information for legal insufficiency. On reargument, the court adhered to its original determination. The Appellate Term reversed and reinstated...

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