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PEOPLE v. WHIPPLE

291 A.D.2d 663 (2002)

737 N.Y.S.2d 560

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARWIN WHIPPLE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided February 21, 2002.

Carpinello, J.

When this matter was previously before us, we determined that defendant's motion for a trial order of dismissal should have been granted based on the People's failure to establish the capacity of the parking lot in which he was driving while under the influence of alcohol (276 A.D.2d 829). The Court of Appeals reversed that determination and remitted the case to us pursuant to CPL 470.25 (2) (d) and CPL 470.40 (2...

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