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PEOPLE v. COLLINS

92 A.D.2d 740 (1983)

The People of the State of New York, Appellant, v. John Collins, Respondent

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

February 28, 1983

Order unanimously reversed, verdict reinstated and matter remitted to Monroe County Court for sentencing.

Memorandum:

Defendant was charged with operating a motor vehicle with .10% or more of alcohol in his blood (Vehicle and Traffic Law, § 1192, subd 2) and driving while intoxicated (Vehicle and Traffic Law, § 1192, subd 3). The jury convicted him under subdivision 2 of driving with more than .10% of alcohol in his blood, but on the charge of driving...

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