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PEOPLE v. CONRAD

169 Misc.2d 1066 (1996)

654 N.Y.S.2d 226

The People of the State of New York, Appellant, v. Edmund Conrad, Respondent. The People of the State of New York, Appellant, v. Norman Lancaster, Respondent.

Supreme Court, Appellate Term, Second Department.

September 26, 1996

Attorney(s) appearing for the Case

William V. Grady, District Attorney of Dutchess County, Poughkeepsie (Kirsten A. Rappleyea of counsel), for appellant. Vergilis, Stenger, Roberts & Pergament, Wappingers Falls (Kenneth M. Stenger of counsel), for respondents.

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

MEMORANDUM.

Orders unanimously reversed on the law, accusatory instruments charging defendants with violation of Vehicle and Traffic Law § 1192 (2) reinstated and matters remanded to the court below for further proceedings.

This court notes that Vehicle and Traffic Law § 1193 (2) (e) (7) has been challenged on a myriad of grounds — due process, equal protection, separation of powers, etc. This...

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