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PEOPLE v. SMITH

258 A.D.2d 245 (1999)

697 N.Y.S.2d 783

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. VICTOR D. SMITH, Respondent.

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

October 1, 1999.

Attorney(s) appearing for the Case

Howard R. Relin, District Attorney of Monroe County, Rochester (Patrick H. Fierro and Elizabeth Clifford of counsel), for plaintiff-appellant.

Drew R. DuBrin, Monroe County Public Defender's Office, Rochester, for defendant-respondent.

DENMAN, P.J., HAYES, PIGOTT, JR. and SCUDDER, JJ., concur.

OPINION OF THE COURT

GREEN, J.

This appeal by the People raises two issues: whether an abstract of driving record of the Department of Motor Vehicles (DMV abstract) is admissible evidence of a prior conviction of operating a motor vehicle while under the influence of alcohol or drugs (DWI) and, if so, whether the DMV abstract in this case was properly authenticated. For the reasons that follow, we conclude that a DMV abstract can be admissible under the...

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