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PEOPLE v. RIVERA

2009-04600

71 A.D.3d 700 (2010)

896 N.Y.S.2d 408

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PETER RIVERA, Respondent.

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

Decided March 2, 2010.

Ordered that the order is affirmed insofar as appealed from.

The Supreme Court properly granted that branch of the defendant's motion which was to dismiss the count of the indictment charging him with aggravated unlicensed operation of a motor vehicle in the first degree in violation of Vehicle and Traffic Law § 511 (3). The grand jury minutes established that, at the time of his arrest, the defendant had a conditional...

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