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PEOPLE v. GONZALEZ

168 Misc.2d 136 (1996)

645 N.Y.S.2d 978

The People of the State of New York, Appellant, v. Tomas Gonzalez, Respondent.

Supreme Court, Appellate Term, First Department.

April 18, 1996

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney of Bronx County (Joseph N. Ferdenzi, Allen H. Saperstein and Elizabeth F. Bernhardt of counsel), for appellant. Daniel L. Greenberg, New York City (Eve Kessler of counsel), for respondent.

PARNESS, J. P., McCOOE and FREEDMAN, JJ., concur.

Per Curiam.

Order dated October 13, 1994, insofar as appealed from, reversed, motion denied, and accusatory instrument reinstated.

The sole charge now remaining for prosecution on the within accusatory instrument is driving while impaired (Vehicle and Traffic Law § 1192 [1]), a traffic infraction which triggers no statutory speedy trial rights under CPL 30.30 (see, Preiser, Practice Commentaries, McKinney...

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