PEOPLE v. HOMERO


172 Misc.2d 99 (1997)

656 N.Y.S.2d 843

The People of the State of New York, Plaintiff, v. Hercules Homero, Defendant.

Supreme Court, Nassau County.

March 26, 1997


Attorney(s) appearing for the Case

Legal Aid Society of Nassau County, Hempstead (Ilana Kopmar of counsel), for defendant. Denis E. Dillon, District Attorney of Nassau County, Mineola (Joseph LaRocca of counsel), for plaintiff.


VICTOR M. ORT, J.

The motion before this court calls into question the Legislature's intent when it recently enacted chapter 652 of the Laws of 1996 in relation to escalating the penalty for driving while intoxicated to a class D felony. Having waived indictment, defendant is charged by superior court information with the crimes of operating a motor vehicle while under the influence of alcohol in violation...

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