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PEOPLE v. MANDATO

195 Misc.2d 636 (2003)

760 N.Y.S.2d 809

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK MANDATO, Appellant.

Supreme Court, Appellate Term, Second Department.

March 4, 2003.

Attorney(s) appearing for the Case

Mark A. Macron, New York City, for appellant.

William A. Murphy, District Attorney, Staten Island (Karen F. McGee and Anne Crick of counsel), for respondent.

ARONIN, J.P., PATTERSON and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction unanimously reversed on the law and facts, accusatory instrument dismissed and fine, if paid, remitted.

Defendant was charged with driving while ability impaired (Vehicle and Traffic Law § 1192 [1]) in October 2000. Insofar as is relevant to this appeal, a Dunaway hearing was subsequently held after which the court found that the police...

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