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PEOPLE v. LEHMAN

183 Misc.2d 97 (2000)

702 N.Y.S.2d 551

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CASEY J. LEHMAN, Defendant.

City Court of Watertown.

January 4, 2000.

Attorney(s) appearing for the Case

James McClusky, Adams, for defendant.

Cindy F. Intschert, District Attorney of Jefferson County, Watertown (Julie Vales of counsel), for plaintiff.

OPINION OF THE COURT

JAMES C. HARBERSON, J.

ISSUE

The question is whether Vehicle and Traffic Law § 1192 (4), driving while ability is impaired by drugs, can be reduced by a plea to Vehicle and Traffic Law § 1192 (1), driving while ability is impaired by alcohol, if there is no evidence of impairment due to alcohol consumption.

FACTS

The prosecution has moved to amend...

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