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PEOPLE v. POLITE

16 Misc.3d 18 (2007)

842 N.Y.S.2d 670

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WILLIAM POLITE, Respondent.

Supreme Court, Appellate Term, First Department.

May 8, 2007.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney, Bronx (Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for appellant.

Legal Aid Society, New York City (Steven Banks and Cheryl P. Williams of counsel), for respondent.

McCOOE, J.P., SCHOENFELD and KLEIN HEITLER, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order, entered on or about December 2, 2005, reversed, on the law and the facts, motion denied, accusatory instrument reinstated, and matter remitted for further proceedings.

The sole charge now remaining for prosecution on the within accusatory instrument is driving while impaired (Vehicle and Traffic Law § 1192 [1]), a traffic infraction which, as defendant...

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