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PEOPLE v. CUNNINGHAM

182 Misc.2d 597 (1999)

701 N.Y.S.2d 769

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD CUNNINGHAM, Appellant.

Supreme Court, Appellate Term, Second Department.

September 3, 1999.

Attorney(s) appearing for the Case

Goldman & Hafetz, New York City (Lawrence S. Goldman of counsel), for appellant.

William V. Grady, District Attorney of Dutchess County, Poughkeepsie (Bridget Rahilly Steller of counsel), for respondent.

DIPAOLA, P. J., INGRASSIA and FLOYD, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction unanimously affirmed.

A review of the record on appeal indicates that it is clear that the trial court used the incorrect legal standard to convict defendant of violating Vehicle and Traffic Law § 1192 (3). In April 1998, defendant moved to set aside the verdict due in part to this error and the trial court reconsidered the evidence, applied...

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