PEOPLE v. DUNNING


305 A.D.2d 1074 (2003)

759 N.Y.S.2d 416

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHANE R. DUNNING, Appellant.

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

Decided May 2, 2003.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed and the matter is remitted to the Monroe County Court for proceedings pursuant to CPL 460.50 (5).

Memorandum:

On appeal from a judgment convicting him after a jury trial of two counts of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c] [ii]), defendant contends that reversal is required because County Court...

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