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PEOPLE v. KHAN

182 Misc.2d 83 (1997)

697 N.Y.S.2d 457

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. VERNON KHAN, Respondent.

Supreme Court, Appellate Term, Second Department.

March 21, 1997.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney of Kings County (Diane Eisner of counsel), for appellant.

Legal Aid Society (William Ramos of counsel), for respondent.

KASSOFF, P. J., SCHOLNICK and PATTERSON, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order insofar as appealed from unanimously reversed on the law and facts, motion denied and matter remanded to the court below for all further proceedings.

Defendant was found asleep in a parked car at about 10:00 P.M. with the motor running. The police properly observed his condition and after opening the door of the car, arrested him for driving while intoxicated. The...

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