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PEOPLE v. WITTHUHN

172 Misc.2d 749 (1997)

658 N.Y.S.2d 830

The People of the State of New York, Plaintiff, v. Larry Witthuhn, Defendant.

County Court, Nassau County.

April 18, 1997

Attorney(s) appearing for the Case

Barry Phillips, Mineola, for defendant. Denis E. Dillon, District Attorney of Nassau County, Mineola (Jeffrey Groder of counsel), for plaintiff.

PAUL E. KOWTNA, J.

Defendant, by this motion, moves to dismiss as defective the instant indictment, which charges him with a violation of section 1192 of the Vehicle and Traffic Law as a class D felony. (CPL 210.20 [1] [a]; 210.25 [3].) The defendant claims that a recent amendment to Vehicle and Traffic Law § 1193 (1) (c), providing that certain repeat DWI offenders are now to be prosecuted for the commission...

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