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PEOPLE v. DAVIS

82 Misc.2d 41 (1975)

The People of the State of New York, Respondent, v. Edwin Davis, Appellant.

Supreme Court, Appellate Term, Second Department.

May 19, 1975

Attorney(s) appearing for the Case

Henry H. Diener for appellant. Eugene Gold, District Attorney (Harry Brodbar of counsel), for respondent.

Concur: GROAT, P. J., MARGETT and PINO, JJ.

MEMORANDUM.

Judgment of conviction unanimously reversed on the law, information dismissed and fine remitted.

Defendant was charged with driving while impaired (Vehicle and Traffic Law, § 1192, subd 1), resisting arrest (Penal Law, § 205.30) and disorderly conduct (Penal Law, § 240.20). At the close of the People's case, defendant moved to dismiss the latter two charges upon the ground that the People...

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