PEOPLE v. HARRIS


14 Misc.3d 497 (2006)

828 N.Y.S.2d 832

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ROBERT HARRIS, Defendant.

City Court of Rochester.

November 22, 2006.


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Jon Griffin and Melissa Meyer of counsel), for defendant.

Michael C. Green, District Attorney (Carolyn Morrison and Sara VanStrydonck of counsel), for plaintiff.


OPINION OF THE COURT

THOMAS RAINBOW MORSE, J.

Although the defendant was originally charged with commonlaw driving while intoxicated (DWI), he waived his right to trial by jury on that charge and was convicted after a bench trial of the offense of driving while his ability to do so was impaired by alcohol (DWAI). Following the verdict and before sentencing, it was brought to the court's attention that in the past 10 years the defendant had been convicted...

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