PEOPLE v. MORNING


102 Misc.2d 750 (1979)

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

County Court, Suffolk County.

December 31, 1979.


Attorney(s) appearing for the Case

John F. Middlemiss, Jr., and Edward Vitale for defendant. Patrick Henry, District Attorney (T. Michael Conlon of counsel), for plaintiff.


JOHN V. VAUGHN, J.

The defendant moves to dismiss this indictment charging him with driving while intoxicated as a felony upon the grounds that (a) the prosecution is barred by reason of a previous prosecution, (b) there is a jurisdictional or legal impediment to a conviction on this charge, and (c) dismissal is required in the interest of justice.

The facts are undisputed. Defendant was initially charged...

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