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PEOPLE v. WELCH

190 Misc.2d 195 (2002)

738 N.Y.S.2d 510

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. TERRENCE WELCH, Defendant.

County Court, Monroe County.

January 16, 2002.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County (Eileen S. Carney of counsel), for defendant.

Howard R. Relin, District Attorney of Monroe County (Jeannie D. Nicholson of counsel), for plaintiff.

OPINION OF THE COURT

PATRICIA D. MARKS, J.

This is a decision on a motion filed by defense counsel. Defendant is charged by indictment with operating a motor vehicle while under the influence of alcohol or drugs, assault in the third degree, and reckless endangerment in the second degree.

The defendant has made a motion asking this court to dismiss the indictment on the ground that the defendant was not...

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