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PEOPLE v. MALDONADO

173 Misc.2d 612 (1997)

661 N.Y.S.2d 937

The People of the State of New York, Plaintiff, v. Domingo Maldonado, Defendant.

Supreme Court, Nassau County.

July 14, 1997

Attorney(s) appearing for the Case

Legal Aid Society of Nassau County, Hempstead (Stuart Austin of counsel), for defendant. Denis E. Dillon, District Attorney of Nassau County, Mineola (Shaun Hogan of counsel), for plaintiff.

VICTOR M. ORT, J.

In People v Homero (172 Misc.2d 99) this court held that two prior misdemeanor convictions for driving while intoxicated (DWI) were sufficient to constitute a lawful predicate for a charge of driving while intoxicated as a class D felony. The motion before this court once again calls into question the Legislature's intent when it recently enacted...

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