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PEOPLE v. MONTONE

82 Misc.2d 234 (1975)

The People of the State of New York, Plaintiff, v. Carmine Montone, Defendant.

District Court of Nassau County, First District.

May 13, 1975

Attorney(s) appearing for the Case

Margiotta, Levitt & Ricigliano (Richard L. Gumo of counsel), for defendant. Denis Dillon, District Attorney (Frank A. Doddato of counsel), for plaintiff.

MARVIN I. GOODMAN, J.

This is a motion to dismiss a simplified traffic information, charging the defendant with the traffic infraction of operating a motor vehicle while under the influence of alcohol. (Vehicle and Traffic Law, § 1192, subd 1.) The defendant in actuality is moving pursuant to CPL 170.30 (subd 1, par [c]) alleging the instant prosecution is barred by double or former jeopardy (CPL 40.20...

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