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PEOPLE v. GUDZ

18 A.D.3d 11 (2005)

793 N.Y.S.2d 556

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROGER K. GUDZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 7, 2005.

Attorney(s) appearing for the Case

Paul J. Connolly, Delmar, for appellant.

Beth G. Cozzolino, District Attorney, Hudson (H. Neal Conolly of counsel), for respondent.

CREW III, MUGGLIN, ROSE and KANE, JJ., concur.

OPINION OF THE COURT

CARDONA, P.J.

In July 2002 in the Town of Livingston, Columbia County, a witness observed defendant slowly drive his car across the center line of a road and strike a female bicyclist stopped alongside the road. The witness further observed defendant pull the struggling victim toward his vehicle. As the witness and other bystanders moved to intervene, the victim wriggled free and, after exchanging words with those seeking to intervene...

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