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PEOPLE v. GMITTER

81 Misc.2d 745 (1975)

The People of the State of New York, Plaintiff, v. Anne T. Gmitter, Defendant.

City Court of Yonkers.

February 10, 1975

Attorney(s) appearing for the Case

Bleakley, Platt, Schmidt & Fritz (Michael Trainor of counsel), for defendant. Carl A. Vergari, District Attorney (Sanford Lindenbaum of counsel), for plaintiff.

JESSE M. EISEN, J.

The defendant was charged with a violation of subdivision 2 of section 1192 of the Vehicle and Traffic Law, operating a motor vehicle while she had .10 of 1% or more by weight of alcohol in her blood, and with a violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law, operating a motor vehicle while in an intoxicated condition. A trial was held before the court and jury. The charge by the court, informed the jury that...

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