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PEOPLE v. DONALDSON, JR.

46 A.D.3d 1109 (2007)

848 N.Y.S.2d 719

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT A. DONALDSON, JR., Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 20, 2007.

Cardona, P.J.

Defendant was convicted of driving while intoxicated after a jury trial. On this appeal, he contends that County Court erred in its Sandoval ruling and in denying his request to allow the jury to spray his Primatine Mist during deliberations. He further argues that his prison sentence of 2 1/3 to 7 years is harsh and excessive.

With regard to the Sandoval ruling, we find that, regardless...

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