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PEOPLE v. GREEN

96 N.Y.2d 195 (2001)

750 N.E.2d 59

726 N.Y.S.2d 357

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GARY A. GREEN, Respondent.

Court of Appeals of the State of New York.

Decided May 3, 2001.

Attorney(s) appearing for the Case

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Patricia A. Murphy of counsel), for appellant.

Charles M. Newell, Quogue, for respondent.

Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

Chief Judge KAYE.

Defendant was arrested and charged in a misdemeanor information with driving while intoxicated. At trial before the Justice Court for the Town of East Hampton, the court also charged the jury on the lesser-included offense of driving while impaired. The jury acquitted defendant of driving while intoxicated but failed to reach a verdict on the lesser charge. The court then...

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