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PEOPLE v. SEITZ

11 Misc.3d 641 (2006)

808 N.Y.S.2d 887

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WENDY J. SEITZ, Appellant.

County Court, Cattaraugus County.

January 25, 2006.

Attorney(s) appearing for the Case

Thomas C. Brady, Salamanca, for appellant.

Edward M. Sharkey, District Attorney (Lori Rieman of counsel), for respondent.

OPINION OF THE COURT

LARRY M. HIMELEIN, J.

Defendant was convicted of misdemeanor driving while intoxicated (DWI) in the Ellicottville Town Court on March 12, 2003, based upon her plea of guilty. Having now been charged with felony DWI, defendant moved in Town Court to set aside the underlying conviction. Town Court denied the motion and this court granted a certificate pursuant to CPL 460.15 authorizing a discretionary...

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