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PEOPLE v. RICHLIN

74 Misc.2d 906 (1973)

The People of the State of New York, Plaintiff, v. Joseph Richlin, Defendant.

County Court, Schuyler County.

July 31, 1973

Attorney(s) appearing for the Case

Frederick W. Warder, Jr., for defendant. William N. Ellison, District Attorney, for plaintiff.

LISTON F. COON, J.

Defendant, who has been indicted on two counts of operating a motor vehicle while in an intoxicated condition, as a felony, moves to dismiss the second count of the indictment on the grounds that it is duplicitous in that it fails to conform to the requirements of CPL 200.30.

That section provides as follows:

"§ 200.30 Indictment; duplicitous counts prohibited....

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