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PEOPLE v. COOPER

90 N.Y.2d 292 (1997)

683 N.E.2d 11

660 N.Y.S.2d 546

The People of the State of New York, Respondent, v. Andrew Cooper, Appellant.

Court of Appeals of the State of New York.

Decided June 27, 1997.

Attorney(s) appearing for the Case

Frances A. Gallagher, New York City, and Daniel L. Greenberg for appellant.

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

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and WESLEY concur.

CIPARICK, J.

On July 24, 1992, the People filed a misdemeanor complaint in Criminal Court charging defendant with two counts of driving while intoxicated (see, Vehicle and Traffic Law § 1192 [2]; § 1192 [3]). Upon learning from defendant's criminal history report that he had been convicted in 1985 for driving while intoxicated, the People served notice on defendant at his arraignment of their...

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