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PEOPLE v. GUTIRREZ

184 Misc.2d 60 (2000)

706 N.Y.S.2d 609

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. VICTOR GUTIRREZ, Defendant.

Justice Court of Village of Sleepy Hollow, Westchester County.

March 10, 2000.

Attorney(s) appearing for the Case

Mark Oxman, Hawthorne, for defendant.

Jeanine Ferris Pirro, District Attorney of Westchester County (Christine Jordan of counsel), for plaintiff.

OPINION OF THE COURT

JOHN R. LEWIS, J.

Defendant was originally charged with a violation of Vehicle and Traffic Law § 511 (1), or aggravated unlicensed operation of a motor vehicle in the third degree. On December 6, 1999, at a pretrial court appearance, the People moved before the court for permission to amend the charge, "upgrading" it to Vehicle and Traffic Law § 511 (2), or aggravated unlicensed operation

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