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PEOPLE v. CUNNINGHAM

95 N.Y.2d 909 (2000)

740 N.E.2d 213

717 N.Y.S.2d 68

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

Court of Appeals of the State of New York.

Decided July 6, 2000.

Attorney(s) appearing for the Case

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

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

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur; Judge ROSENBLATT taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be modified by vacating the conviction for driving while intoxicated and remitting to City Court for further proceedings in accordance with this memorandum, and, as so modified, affirmed.

Defendant was convicted after a bench trial of violating Vehicle and Traffic Law § 1192 (3) and § 1194 (1) (b). In reaching a verdict on the section 1192 (3) charge, the Trial Judge...

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