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PEOPLE v. GIBSON

21 A.D.3d 577 (2005)

799 N.Y.S.2d 340

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN P. GIBSON, Appellant.

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

August 4, 2005.

Kane, J.

Defendant was indicted for driving while intoxicated (hereinafter DWI) and aggravated unlicensed operation of a motor vehicle in the first degree. At arraignment, the People filed a special information pursuant to CPL 200.60 alleging that defendant had been convicted of DWI on two prior occasions, in 1994 and 1997. The caption of the special information correctly named defendant, however, the name of a person other than defendant erroneously appeared in the...

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