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PEOPLE v. PENA

146 Misc.2d 767 (1990)

The People of the State of New York, Plaintiff, v. Helder Pena, Defendant.

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

March 1, 1990

Attorney(s) appearing for the Case

Robert M. Baum and Susan Kay for defendant. Robert M. Morgenthau, District Attorney (Joseph Sullivan of counsel), for plaintiff.

JO ANN FERDINAND, J.

The accusatory instrument filed in this case charges the defendant with reckless driving in violation of Vehicle and Traffic Law § 1190, in addition to a variety of traffic infractions allegedly committed on June 10, 1989. The nonjury trial commenced, as defined by CPL 1.20 (11) when the People's first witness was sworn. Defendant thereupon moved to dismiss the charge of reckless driving upon the grounds that Vehicle and Traffic...

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