PEOPLE v. MELENDEZ


48 A.D.3d 960 (2008)

852 N.Y.S.2d 440

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD MELENDEZ, Appellant.

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

Decided February 28, 2008.


Malone Jr., J.

On April 21, 2005, defendant was arrested for driving while intoxicated. He became physically combative after he was handcuffed and had to be restrained and forceably put into the patrol car. As a result, defendant was charged in an indictment with driving while intoxicated, aggravated unlicensed operation of a motor vehicle in the first degree and resisting arrest. The parties subsequently entered into a stipulation in lieu of motions which, among...

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