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  5. 74 N.Y.2d 279 (1989)
 

MATTER OF CORBIN v. HILLERY

74 N.Y.2d 279 (1989)

In the Matter of Thomas J. Corbin, Appellant, v. Judith A. Hillery, as Judge of the Dutchess County Court, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 13, 1989.

Attorney(s) appearing for the Case

Richard T. Farrell and Ilene J. Miller for appellant.

William V. Grady, District Attorney (Bridget Rahilly Steller of counsel), respondent pro se.

Judges KAYE, ALEXANDER and HANCOCK, JR., concur with Judge TITONE; Chief Judge WACHTLER dissents and votes to affirm in a separate opinion in which Judge BELLACOSA concurs; Judge SIMONS taking no part.

TITONE, J.

At issue in this appeal is whether an individual who has previously pleaded guilty to the misdemeanor of driving while intoxicated (Vehicle and Traffic Law § 1192 [3]), as well as to a related traffic infraction, may subsequently be prosecuted on homicide, assault and other charges arising out of the same incident when the prosecution concedes its intention to use the facts underlying the former...

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