PEOPLE v. BENSON


114 A.D.2d 506 (1985)

The People of the State of New York, Appellant, v. Gerard T. Benson, Respondent

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

October 28, 1985


Order reversed, insofar as appealed from, on the law and the facts, that branch of defendant's motion which sought suppression of certain portions of his Grand Jury testimony denied, and matter remitted to the County Court, Nassau County, for further proceedings on the indictment.

Defendant was charged with driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [3]). At approximately 10:10 P.M. on August 11, 1982, defendant was involved in an automobile...

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