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PEOPLE v. ASHLEY

15 Misc.3d 80 (2007)

836 N.Y.S.2d 758

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MURIEL K. ASHLEY, Appellant.

Supreme Court, Appellate Term, Second Department.

March 2, 2007.

Attorney(s) appearing for the Case

Legal Aid Society, Riverhead (Robert C. Mitchell and Alfred J. Cicale of counsel), for appellant.

Thomas J. Spotta III, District Attorney, Riverhead (Michael J. Brennan of counsel), for respondent.

RUDOLPH, P.J., and McCABE, J., concur; TANENBAUM, J., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Judgment convicting defendant of refusal to submit to a breath test reversed on the law and as a matter of discretion in the interest of justice, sentence imposed thereunder vacated and accusatory instrument dismissed.

Judgments convicting defendant of driving while intoxicated, reckless driving and avoiding a traffic control...

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