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PEOPLE v. McKIERNAN

84 N.Y.2d 915 (1994)

644 N.E.2d 1364

620 N.Y.S.2d 808

The People of the State of New York, Respondent, v. Edward J. McKiernan, Appellant.

Court of Appeals of the State of New York.

Decided November 1, 1994.

Attorney(s) appearing for the Case

Brian P. Schechter, Hempstead, Kent V. Moston and Matthew Muraskin for appellant.

Denis Dillon, District Attorney of Nassau County, Mineola (Mary Louise Biunno and Peter A. Weinstein of counsel), for respondent.

Jonathan E. Gradess, Albany, and Stacy Wolf for New York State Defenders Association, amicus curiae.

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

MEMORANDUM.

The order of the Appellate Term should be reversed and a new trial ordered.

Following a bench trial, defendant was convicted of driving without insurance, failing to display rear lamps and driving while intoxicated (Vehicle and Traffic Law § 319 [1]; § 375 [2] [a] [3]; § 1192 [2]). The record indicates that on July 20, 1990 at his arraignment on the charges, defendant agreed to be represented...

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