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PEOPLE v. CUNNINGHAM

182 Misc.2d 790 (1999)

702 N.Y.S.2d 523

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. E. V. K. CUNNINGHAM, III, Also Known as EDWARD CUNNINGHAM, Defendant.

County Court, Dutchess County.

November 22, 1999.

Attorney(s) appearing for the Case

William I. Aronwald, White Plains, for defendant.

William Grady, District Attorney of Dutchess County, Poughkeepsie (George A. Hazel of counsel), for plaintiff.

OPINION OF THE COURT

JOHN R. LACAVA, J.

The issue presented in this felony operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law §§ 1192, 1193 [1] [c]) case is whether an outstanding order of a court staying and suspending an earlier "judgment of conviction" of Vehicle and Traffic Law § 1192 stays and suspends the earlier "conviction" from acting as the lawful predicate to the Vehicle and Traffic Law §...

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