PEOPLE v. GREER


189 Misc.2d 310 (2001)

731 N.Y.S.2d 323

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SIDNEY GEORGE GREER, Appellant.

Supreme Court, Appellate Term, Second Department.

July 2, 2001.


Attorney(s) appearing for the Case

Thomas P. Halley, Poughkeepsie, and Rizzo & Kelley, Poughkeepsie (James P. Kelley of counsel), for appellant.

William V. Grady, District Attorney of Dutchess County, Poughkeepsie (Jessica Z. Segal of counsel), for respondent.

FLOYD, P. J., COLABELLA and COPPOLA, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction unanimously modified upon the law by reinstating the jury verdict finding defendant guilty of driving while impaired as a traffic infraction, vacating the sentence imposed, remitting the fine, if paid, and remanding for resentence, and as so modified, affirmed.

Although originally charged with driving while intoxicated as a misdemeanor (Vehicle and Traffic Law § 1192 [2], [3]), defendant...

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