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PEOPLE v. BOURDRIEAU

107 Misc.2d 3 (1980)

The People of the State of New York, Plaintiff, v. Jeffrey S. Bourdrieau, Defendant.

County Court, Clinton County.

November 3, 1980

Attorney(s) appearing for the Case

O'Connell & Wolfe for defendant. Joseph W. Kelley, District Attorney, for plaintiff.

IRVING GOLDMAN, J.

Defendant has been indicted for driving while intoxicated as a felony, he having been previously convicted of driving while intoxicated as a misdemeanor in Justice Court, Town of Dannemora (KENNETH BOISSEY, J.) on December 11, 1978. His prior conviction is the predicate for the instant felony charge.

Defendant has moved to dismiss this indictment contending that the recent Supreme Court decision in Baldasar v Illinois

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