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PEOPLE v. RIOS

9 Misc.3d 1 (2005)

801 N.Y.S.2d 113

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMY RIOS, Appellant.

Supreme Court, Appellate Term, Second Department.

June 24, 2005.

Attorney(s) appearing for the Case

Neal D. Futerfas, White Plains, for appellant.

David A. Garcia, Ossining, for respondent.

RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgments of conviction unanimously reversed, on the law and as a matter of discretion in the interest of justice, and matter remanded to the court below for a new trial.

Inasmuch as the defendant in the case at bar was charged with at least one traffic infraction subjecting him to the possibility of imprisonment if convicted (see Vehicle and Traffic Law §...

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