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PEOPLE v. NUCHOW

164 Misc.2d 24 (1995)

623 N.Y.S.2d 1006

The People of the State of New York, Plaintiff, v. Howard B. Nuchow, Defendant.

Justice Court of Town of Orangetown, Rockland County.

February 1, 1995

Attorney(s) appearing for the Case

McCormack, Damiani, Lowe & Mellion, Bardonia (Gerard Damiani of counsel), for defendant. Kenneth Gribetz, District Attorney of Rockland County (Jay Golland of counsel), for plaintiff.

PAUL B. PHINNEY III, J.

The Legislature has recently passed an amendment to Vehicle and Traffic Law § 1193 (2) (e) (7) which provides:

"(7) [Eff until Nov. 1, 1996.] Suspension pending prosecution; excessive blood alcohol content. a. A court shall suspend a driver's license, pending prosecution, of any person charged with a violation of subdivision two or three of section eleven hundred ninety...

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