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PEOPLE v. FERREIRA

22 Misc.3d 32 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. LYNDON S. FERREIRA, Respondent.

Appellate Term of the Supreme Court of New York, Second Department.

November 20, 2008.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove and Seth M. Lieberman of counsel), for appellant. Jonathan B. Strauss, New York City, for respondent.

Before: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, reversed on the law, upon reargument, the branch of defendant's motion seeking to dismiss the count of the information charging him with driving while ability impaired denied, information reinstated to the extent that it charged defendant with driving while ability impaired, and matter remanded to the court below for all further proceedings...

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