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PEOPLE v. PRIOR

4 N.Y.2d 70 (1958)

The People of the State of New York, Appellant, v. William Prior, Respondent.

Court of Appeals of the State of New York.

Decided February 28, 1958.

Attorney(s) appearing for the Case

John F. Dwyer, District Attorney (Robert A. Burrell of counsel), for appellant.

Edward L. Keenan for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, VAN VOORHIS and BURKE concur.

FROESSEL, J.

Defendant, a licensed chauffeur for 22 years, was convicted in the Police Justice Court, Village of East Aurora, upon a plea of guilty to driving while intoxicated (Vehicle and Traffic Law, § 70, subd. 5), and fined $25. The County Court, relying upon People v. Marincic (2 N.Y.2d 181) reversed the conviction upon the ground that the Police Justice did...

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