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PEOPLE v. JAMISON

170 Misc.2d 974 (1996)

652 N.Y.S.2d 495

The People of the State of New York, Plaintiff, v. Howard Jamison, Jr., Defendant.

City Court of Rochester.

December 9, 1996

Attorney(s) appearing for the Case

Howard R. Relin, District Attorney of Monroe County, Rochester (Steven J. Sercu of counsel), for plaintiff. Edward L. Fiandach, Rochester, for defendant.

ANN E. PFEIFFER, J.

Defendant was charged by simplified information with two counts of driving while intoxicated. At the conclusion of defendant's trial, the People requested that the court charge the jury on driving while ability impaired as a lesser included offense of driving while intoxicated. The court gave the requested charge over defendant's objection. The jury acquitted defendant of both counts of...

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