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PEOPLE v. WISE

141 Misc.2d 409 (1988)

The People of the State of New York, Plaintiff, v. Andrew Wise, Defendant.

District Court of Nassau County, First District.

September 19, 1988

Attorney(s) appearing for the Case

Bruno Goldberg Ventura (Patrick L. Bruno of counsel), for defendant. Denis Dillon, District Attorney (Marianne T. Mc Ginn of counsel), for plaintiff.

MARVIN E. SEGAL, J.

This motion to dismiss presents an issue of first impression. The issue here is whether the speedy trial statute (CPL 30.30) applies to a charge which has been amended from a misdemeanor to a traffic infraction. The defendant was arraigned on January 29, 1988 on the charge of operating a motor vehicle while under the influence of alcohol pursuant to Vehicle and Traffic Law § 1192 (3), an unclassified misdemeanor, which is

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