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PEOPLE v. BUSBY

175 Misc.2d 509 (1997)

670 N.Y.S.2d 960

The People of the State of New York, Appellant, v. Thomas E. Busby, Respondent.

Supreme Court, Appellate Term, Second Department.

October 1, 1997

Attorney(s) appearing for the Case

Francis D. Phillips, II, District Attorney of Orange County, Goshen (Richard B. Schoenberg of counsel), for appellant.

DiPAOLA, P. J., COLLINS and INGRASSIA, JJ., concur.

MEMORANDUM.

Order unanimously reversed on the law, accusatory instruments charging defendant with violating Vehicle and Traffic Law § 1192 (2) and (3) reinstated and matter remanded to the court below for further proceedings.

In the case at bar, defendant had been charged with the violation of Vehicle and Traffic Law § 1192 (2) and (3). After conducting an inquiry pursuant to Vehicle and Traffic Law &...

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