PEOPLE v. ORTIZ


150 Misc.2d 602 (1991)

The People of the State of New York, Plaintiff, v. Israel Ortiz, Defendant.

Supreme Court, Kings County.

April 15, 1991


Attorney(s) appearing for the Case

Robert M. Baum, and Stuart McDermott for defendant. Charles J. Hynes, District Attorney (John Tumelty of counsel), for plaintiff.


LEWIS L. DOUGLASS, J.

This is a motion to dismiss the indictment on the grounds that the defendant was not given notice of the District Attorney's intent to present the matter to the Grand Jury.

The defendant was initially charged with driving while intoxicated (DWI) at the misdemeanor level. He now argues that irrespective of how the prosecutor charged him, because of a prior conviction for the same...

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