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PEOPLE v. SCHELL

18 Misc.3d 972 (2008)

849 N.Y.S.2d 882

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RICHARD SCHELL, Defendant.

Criminal Court of the City of New York, Richmond County.

January 30, 2008.

Attorney(s) appearing for the Case

Robert T. Gallo, Garden City, for defendant.

Daniel M. Donovan, Jr., District Attorney (Kenneth N. Moore, Jr., of counsel), for plaintiff.

OPINION OF THE COURT

MATTHEW A. SCIARRINO, Jr., J.

An accusatory instrument was filed with the court on August 1, 2007 charging the defendant with driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs (Vehicle and Traffic Law § 1192 [4-a]) and reckless driving (Vehicle and Traffic Law § 1212). In a motion dated December 10, 2007, the defendant moves for an order dismissing the accusatory instrument...

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