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PEOPLE v. KEARNEY

196 Misc.2d 335 (2003)

764 N.Y.S.2d 542

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOHN KEARNEY, Defendant.

County Court, Sullivan County.

June 24, 2003.

Attorney(s) appearing for the Case

Sullivan Legal Aid Bureau, Inc., Monticello (Stephen Schick of counsel), for defendant.

Stephen F. Lungen, District Attorney, Monticello, for plaintiff.

OPINION OF THE COURT

FRANK J. LABUDA, J.

The defendant, John Kearney, is indicted and awaiting trial for (1) driving while intoxicated (felony), and (2) operating a motor vehicle without turn signal marker lights.

The prosecution alleges the defendant has a previous conviction of driving while intoxicated, a violation of Vehicle and Traffic Law § 1192 (3).

The issue before the court, brought...

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