PEOPLE v. KURTZ


129 Misc.2d 1098 (1985)

The People of the State of New York, Plaintiff, v. Donald F. Kurtz, Defendant.

County Court, St. Lawrence County.

November 4, 1985


Attorney(s) appearing for the Case

Paul R. Shanahan for defendant. Charles A. Gardner, District Attorney, for plaintiff.


EUGENE L. NICANDRI, J.

This is a motion pursuant to CPL 210.20 (3) to dismiss the indictment charging the defendant with a felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]) on the ground that prosecution is barred by CPL 40.20.

FACTS

Defendant Donald F. Kurtz, presently 20 years old, was convicted of driving while intoxicated in City Court, City of Watertown in Jefferson County on May 24, 1985. He had earlier...

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