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PEOPLE v. HAUST

134 A.D.2d 916 (1987)

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

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

November 10, 1987

Judgment unanimously affirmed.

Memorandum:

The trial court correctly denied defendant's motion to dismiss the indictment charging that he operated a vehicle while intoxicated on December 11, 1985. Although defendant presented evidence that he operated the vehicle before midnight on December 10, where, as here, the time of the offense is not a material element of the crime, the prosecution is not confined to the precise date set forth in the indictment (

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