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PEOPLE v. DIMICELI

2008-1951 S CR.

27 Misc.3d 84 (2010)

902 N.Y.S.2d 774

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

Supreme Court, Appellate Term, Second Department.

Decided March 30, 2010.

Attorney(s) appearing for the Case

Legal Aid Society, Riverhead ( Robert C. Mitchell and Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota , District Attorney, Riverhead ( Ronald E. Lipetz of counsel), for respondent.

TANENBAUM, J.P., MOLIA and IANNACCI, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgments of conviction are reversed, as a matter of discretion in the interest of justice, and the matter is remitted to the District Court for a new trial.

Defendant was convicted of driving while ability impaired by drugs (Vehicle and Traffic Law § 1192 [4]) and resisting arrest (Penal Law § 205.30). The charges stemmed from an incident...

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