PEOPLE v. BUREN


82 N.Y.2d 878 (1993)

631 N.E.2d 112

609 N.Y.S.2d 170

The People of the State of New York, Respondent, v. Robert L. Van Buren, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1993.


Attorney(s) appearing for the Case

Clark J. Zimmermann, Batavia, for appellant.

Robert C. Noonan, District Attorney of Genesee County, Batavia, for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed and the order of the Genesee County Court reinstated.

A Grand Jury indicted defendant Van Buren for, among other things, the felony of driving while intoxicated (see, Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]). A person who drives while intoxicated or alcohol-impaired and who has been previously convicted of driving while...

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