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PEOPLE v. MAHARAJ

89 N.Y.2d 997 (1997)

679 N.E.2d 631

657 N.Y.S.2d 392

The People of the State of New York, Respondent, v. Pooran Maharaj, Appellant.

Court of Appeals of the State of New York.

Decided March 25, 1997.

Attorney(s) appearing for the Case

Anita Khashu, New York City, and Daniel L. Greenberg for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Susan Gliner and Mark Dwyer of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered on count two of the indictment.

Defendant was indicted for driving on a public highway with a blood alcohol level of .10 of one percentum or greater in contravention of the per se limit set forth in Vehicle and Traffic Law § 1192 (2) (count one or the per se statutory count) and driving on a public highway while intoxicated...

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