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PEOPLE v. BIGGER

2 Misc.3d 937 (2004)

771 N.Y.S.2d 826

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. GREGORY BIGGER, Defendant.

Justice Court of Town of Webster, Monroe County.

January 10, 2004.

Attorney(s) appearing for the Case

Fiandach & Fiandach (Sylvia W. Josh of counsel), for defendant.

Howard R. Relin, District Attorney (Amy Bogardus of counsel), for plaintiff.

OPINION OF THE COURT

THOMAS J. DISALVO, J.

Findings of Fact

The defendant was charged on September 27, 2003 with two misdemeanors, to wit: driving while intoxicated, per se, Vehicle and Traffic Law § 1192 (2), and common-law driving while intoxicated, Vehicle and Traffic Law § 1192 (3). The defendant was arraigned on October 15, 2003 in the presence of his attorney. At the time of...

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