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PEOPLE v. DI VINCENZO

112 Misc.2d 885 (1982)

The People of the State of New York, Plaintiff, v. Frank Di Vincenzo, Defendant.

City Court of Rochester.

February 22, 1982

Attorney(s) appearing for the Case

Donald O. Chesworth, District Attorney (Thomas R. Morse of counsel), for plaintiff. Joseph Kaufman and Peter Skivington for defendant.

WILLIAM H. BRISTOL, J.

The defendant is charged with operating a motor vehicle while his blood alcohol content exceeded .1 of 1% by weight and while intoxicated contrary to subdivisions 2 and 3 of section 1192 of the Vehicle and Traffic Law, respectively. Additionally, the defendant was charged with a violation of subdivision (a) of section 1122 of the Vehicle and Traffic Law, "Improper Passing".

After the People presented their proof and rested...

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