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PEOPLE v. SCHOENWANDT

12 Misc.3d 105 (2006)

820 N.Y.S.2d 392

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICK SCHOENWANDT, Appellant.

Supreme Court, Appellate Term, Second Department.

June 22, 2006.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Laura R. Johnson, Steven Banks and Steven J. Miraglia of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Michael Tarbutton and Delayne Austin of counsel), for respondent.

PESCE, P.J., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction affirmed.

Defendant was initially charged by Criminal Court information with driving while intoxicated per se (Vehicle and Traffic Law § 1192 [2]) and common-law driving while intoxicated (Vehicle and Traffic Law § 1192 [3]). Subsequently, the Criminal Court information was replaced by a prosecutor's information which retained the...

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