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PEOPLE v. MATUTE

141 Misc.2d 988 (1988)

The People of the State of New York, Plaintiff, v. Roberto Matute, Defendant.

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

November 15, 1988

Attorney(s) appearing for the Case

Louis A. Garcia for defendant. Paul Gentile, District Attorney (John Wynne of counsel), for plaintiff.

MICHAEL J. OBUS, J.

In what is apparently a case of second impression, defendant moves, pursuant to CPL 30.30 (1) (b) and 170.30 (1) (e), to dismiss the information pending against him, which now charges that he violated section 1192 (1) of the Vehicle and Traffic Law by operating a motor vehicle while his ability to do so was impaired by the consumption of alcohol. Although the People do not dispute that...

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