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PEOPLE v. McDONOUGH

39 A.D.2d 188 (1972)

The People of the State of New York, Appellant, v. Edward F. McDonough, Respondent

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

June 14, 1972.

Attorney(s) appearing for the Case

Con G. Cholakis, District Attorney (Pierce H. Russell of counsel), for appellant.

Thomas M. Monahan, Jr. (William R. Murray of counsel), for respondent.

STALEY, JR., J. P., SWEENEY, SIMONS and KANE, JJ., concur.

REYNOLDS, J.

This is an appeal from an order of the County Court, Rensselaer County, granting respondent's motion to dismiss an indictment charging him with violation of subdivisions 2 and 3 of section 1192 of the Vehicle and Traffic Law.

On June 1, 1971 respondent was indicted in a two-count indictment, the first count charging him with the crime of operating a motor vehicle while in an intoxicated condition...

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