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PEOPLE v. KINNEY

101925.

66 A.D.3d 1238 (2009)

888 N.Y.S.2d 260

2009 NY Slip Op 7696

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL R. KINNEY, Appellant.

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

Decided October 29, 2009.

McCARTHY, J.

Defendant contends that procedural errors at trial invalidate his convictions. We disagree and affirm. Defendant was convicted of, among other things, driving while ability impaired as a misdemeanor which requires two or more prior convictions for a violation of Vehicle and Traffic Law § 1192 within the preceding 10 years (see Vehicle and Traffic Law § 1192 [1]). Defendant's prior convictions were charged in a special information (

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