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PEOPLE v. MCCANN

129 Misc.2d 1005 (1985)

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

Supreme Court, Appellate Term, First Department.

October 23, 1985

Attorney(s) appearing for the Case

Joel M. Stein for appellant. Robert M. Morgenthau, District Attorney (Norman Barclay and Rona Feinberg of counsel), for respondent.

HUGHES, J. P., and SANDIFER, J., concur; RICCOBONO, J., dissents in a separate opinion.

Per Curiam.

Judgment rendered June 29, 1984 reversed, on the law, and a new trial ordered.

In this prosecution for driving while intoxicated, defendant moved prior to trial for exclusion of evidence of his prior convictions for driving while intoxicated or impaired (People v Sandoval, 34 N.Y.2d 371). On oral argument of the application, defense counsel represented that defendant would not testify if his credibility...

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