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PEOPLE v. DUKE

158 Misc.2d 647 (1993)

606 N.Y.S.2d 516

The People of the State of New York, Appellant, v. Christopher T. Duke, Respondent.

Supreme Court, Appellate Term, Second Department.

October 25, 1993

Attorney(s) appearing for the Case

William V. Grady, District Attorney of Dutchess County, Poughkeepsie (Dana Lucas of counsel), for appellant.

DIPAOLA, P. J., COLLINS and INGRASSIA, JJ., concur.

MEMORANDUM.

Order unanimously reversed, accusatory instruments reinstated, and matter remanded to the court below for further proceedings.

The defendant was charged in separate simplified traffic informations with driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]), failing to use a turn signal (Vehicle and Traffic Law § 1163 [a]), and consuming alcoholic beverages in a moving vehicle ...

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