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PEOPLE v. LOPEZ

144 Misc.2d 325 (1989)

The People of the State of New York, Plaintiff, v. Ismael Lopez, Defendant.

Supreme Court, New York County.

March 23, 1989

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Timothy O'Rourke of counsel), for plaintiff. Robert Baum and Arlene Broomfield for defendant.

JOHN A. K. BRADLEY, J.

Is an automobile without a battery a "motor vehicle" within the meaning of Vehicle and Traffic Law § 125? That is the sole question before the court.

The defendant is charged with operating a motor vehicle while under the influence of alcohol and various other crimes. At the time of the incident, the defendant was steering a car without a battery on Houston Street. The testimony before the Grand Jury was unclear as...

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