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PEOPLE v. MINIHAN

180 Misc.2d 776 (1999)

695 N.Y.S.2d 238

The People of the State of New York, Respondent, v. William D. Minihan, Appellant.

Supreme Court, Appellate Term, Second Department.

June 3, 1999

Attorney(s) appearing for the Case

Michael J. Minihan, Ossining, for appellant. Paul M. Salvino, Albany, for respondent.

DiPAOLA, P. J., INGRASSIA and LEVITT, JJ., concur.

MEMORANDUM.

Judgment of conviction unanimously reversed on the law and matter remanded for a new trial.

Defendant was involved in an automobile accident on April 18, 1998. He was charged with disobeying no passing markings. At the bench trial, the officer who responded to the scene testified that he had prepared a handwritten accident report but he had destroyed it prior to trial.

Counsel asked the court...

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