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PEOPLE v. McDONNELL

2009-79 OR CR.

27 Misc.3d 56 (2010)

901 N.Y.S.2d 451

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KATELYN McDONNELL, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided March 9, 2010.

Attorney(s) appearing for the Case

Francis D. Phillips, II , District Attorney, Goshen ( Andrew R. Kass of counsel), for appellant.

Drinker Biddle & Reath LLP, New York City ( Brian F. McDonough of counsel), for respondent.

NICOLAI, P.J., MOLIA and LaCAVA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, on the law, the accusatory instruments are reinstated, and the matter is remitted to the Justice Court for further proceedings consistent with this decision.

Defendant was charged with aggravated driving while intoxicated (Vehicle and Traffic Law § 1192 [2-a]), driving while intoxicated (Vehicle and Traffic Law § 1192 ...

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