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PEOPLE v. PRIMIANO

16 Misc.3d 1023 (2007)

843 N.Y.S.2d 799

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. KEVIN P. PRIMIANO, Defendant.

County Court, Sullivan County.

July 25, 2007.

Attorney(s) appearing for the Case

Stephan Schick, Monticello, for defendant.

Stephen F. Lungen, District Attorney, Monticello (K.C. Garn of counsel), for plaintiff.

Andrew M. Cuomo, Attorney General, Poughkeepsie (Barry Kaufman of counsel).

OPINION OF THE COURT

FRANK J. LABUDA, J.

Defendant Primiano, through his attorney, submits an order to show cause (OSC) requesting the charge of driving while ability impaired, by combined influence of alcohol and a drug or drugs pursuant to section 1192 (4-a) of the Vehicle and Traffic Law, to be dismissed.

The People submit an affirmation in opposition to the OSC. The Attorney General was served...

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