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KYER v. RESTINO

181 Misc.2d 568 (1999)

693 N.Y.S.2d 913

In the Matter of WILLIAM KYER, Petitioner, v. THOMAS G. RESTINO, as Village Justice of the Village of Hoosick Falls, et al., Respondents.

Supreme Court, Rensselaer County.

July 6, 1999.

Attorney(s) appearing for the Case

Gerstenzang, O'Hern & Gerstenzang, Albany, for petitioner.

Charles W. Thomas, Troy, for Thomas G. Restino, Jr., respondent.

Kenneth R. Bruno, District Attorney of Rensselaer County, Troy, respondent pro se.

OPINION OF THE COURT

GEORGE B. CERESIA, Jr., J.

On September 27, 1997, petitioner was arrested by the Hoosick Falls Village Police and charged with, inter alia, driving while intoxicated in violation of Vehicle and Traffic Law §§ 1192 and 1193. On the same day petitioner appeared before respondent Restino for purposes of arraignment. Petitioner indicates that because one of the charges is "common...

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