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PEOPLE v. ROSE

8 Misc.3d 184 (2005)

794 N.Y.S.2d 630

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. PATRICIA ROSE, Defendant.

District Court of Nassau County, First District.

March 29, 2005.

Attorney(s) appearing for the Case

Hession, Bekoff & Cooper, LLP, Mineola, for defendant.

Denis E. Dillon, District Attorney, Hempstead, for plaintiff.

OPINION OF THE COURT

KENNETH L. GARTNER, J.

The defendant's motion to dismiss the misdemeanor criminal charge against her of driving while ability impaired by drugs, requires this court to review an area in which there is a conflict between recent trial court opinions from the First Judicial Department, and trial court and appellate opinions from the Second and Third Judicial Departments.

A driving while impaired by drugs prosecution requires that...

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