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PEOPLE v. HANDWERKER

12 Misc.3d 19 (2006)

816 N.Y.S.2d 824

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT L. HANDWERKER, Appellant.

Supreme Court, Appellate Term, Second Department.

March 14, 2006.

Attorney(s) appearing for the Case

Legal Aid Society, Riverhead (Robert C. Mitchell and Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota III, District Attorney, Riverhead (Michael J. Brennan of counsel), for respondent.

RUDOLPH, P.J., TANENBAUM and LIPPMAN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment convicting defendant of driving while ability impaired 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 on said charge.

Defendant's vehicle was stopped after a police officer observed him pass through a red light. The officer testified at trial that after approaching the vehicle...

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