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PEOPLE v. CLAPPER

123 A.D.2d 484 (1986)

The People of the State of New York, Respondent, v. Clifford H. Clapper, Jr., Appellant

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

September 25, 1986

Harvey, J.

Defendant was indicted by the Grand Jury on one count of operating a motor vehicle while under the influence of alcohol. Since defendant had been convicted of operating a motor vehicle while under the influence of alcohol within the preceding 10 years, he was charged with a felony pursuant to Vehicle and Traffic Law § 1192 (5). The indictment stated that the crime charged occurred on "State...

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