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PEOPLE v. GATES

238 A.D.2d 729 (1997)

657 N.Y.S.2d 101

The People of the State of New York, Respondent, v. Peter Gates, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 17, 1997

Mikoll, J. P.

On April 1, 1994 defendant was arrested by Police Officer Louis Somma for driving while intoxicated. Prior to the arrest, defendant appeared at a convenience store in the Village of Fort Edward, Washington County, with his five-year-old son where he purchased beer and ice cream. Clerks present in the store observed his condition and concluded that he was intoxicated. A phone call was made to the...

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