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PEOPLE v. DUELL

286 A.D. 525 (1955)

The People of the State of New York, Respondent, v. Charles Duell, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 2, 1955.

Attorney(s) appearing for the Case

Harry L. Rosenthal, District Attorney (Nicholas P. Varlan of counsel), for respondent.

Joseph A. Taddeo for appellant.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and VAN DUSER, JJ.

KIMBALL, J.

The appellant was indicted in Monroe County for violation of subdivision 5 of section 70 of the Vehicle and Traffic Law, as a felony, it being charged that he had previously been convicted of operating a motor vehicle while in an intoxicated condition. The defendant was arraigned upon the indictment in the County Court of Monroe County on December 2, 1954. He asked for counsel and adjournment was taken...

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