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PEOPLE v. SMITH

72 A.D.2d 940 (1979)

The People of the State of New York, Appellant, v. Robert Smith, III, Respondent

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

November 16, 1979

Order unanimously reversed, motion denied and indictment reinstated.

Memorandum:

The People appeal from an order of County Court which dismissed an indictment accusing defendant of violation of section 1192 of the Vehicle and Traffic Law, subdivisions 2 and 5 in the first count and subdivisions 3 and 5 in the second count, operating a motor vehicle while in an intoxicated condition, a felony. County Court, after...

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