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PEOPLE v. GRISTINA

186 Misc.2d 877 (2001)

721 N.Y.S.2d 491

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DARIO GRISTINA, Defendant.

Criminal Court, New York County.

January 29, 2001.

Attorney(s) appearing for the Case

Daniel J. Ollen for defendant.

Robert M. Morgenthau, District Attorney of New York County (Brett Manske of counsel), for plaintiff.

OPINION OF THE COURT

ANALISA TORRES, J.

Defendant is charged with driving while intoxicated (Vehicle and Traffic Law § 1192 [3]) and driving while ability impaired (Vehicle and Traffic Law § 1192 [1]). He moves to dismiss the charge of driving while intoxicated, on the ground that it is facially insufficient.

The accusatory instrument states that on August 4, 2000, at West 49th Street and 10th...

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