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PEOPLE v. CANCEL

137 Misc.2d 260 (1987)

The People of the State of New York, Plaintiff, v. Jose Cancel, Defendant.

Criminal Court of the City of New York, New York County.

October 15, 1987

Attorney(s) appearing for the Case

Caesar Cirigliano and Andria Leeds, for defendant. Robert M. Morgenthau, District Attorney (Maggie Pasquale of counsel), for plaintiff.

MICHAEL A. GARY, J.

Defendant Jose Cancel was arrested and charged with driving while intoxicated pursuant to Vehicle and Traffic Law § 1192 (2) and (3). In a jury trial held before me, at the conclusion of the People's case and at the close of all the evidence, defendant moved for a trial order of dismissal pursuant to CPL 290.10. Defendant contended the evidence was legally insufficient to establish...

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