PEOPLE v. WHIPPLE


276 A.D.2d 829 (2000)

714 N.Y.S.2d 554

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARWIN WHIPPLE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided October 19, 2000.


Carpinello, J.

Defendant was indicted on two counts of operating a motor vehicle while under the influence of alcohol (see, Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]) stemming from his operation of a vehicle in the parking lot of a bar located in the Town of Thompson, Sullivan County. During a precharge conference prior to the conclusion of the People's case, County Court specifically informed the parties that it intended to charge...

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