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PEOPLE v. KMITA

139 Misc.2d 63 (1988)

The People of the State of New York, Plaintiff, v. Jacek Kmita, Defendant.

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

March 21, 1988

Attorney(s) appearing for the Case

Salvatore Piazza for defendant. Robert M. Morgenthau, District Attorney (John Irwin of counsel), for plaintiff.

MARTIN SCHOENFELD, J.

Defendant, Jacek Kmita, is charged with driving while intoxicated pursuant to section 1192 (2), (3) of the Vehicle and Traffic Law. The case is unique in that the initial confrontation between the police and defendant was not the result of a traffic infraction or erratic driving. Rather it was based upon a police officer's observation that defendant, while driving his automobile, entered...

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