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PEOPLE v. MITCHELL

No. 114

15 N.Y.3d 93 (2010)

931 N.E.2d 84

905 N.Y.S.2d 115

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT G. MITCHELL, Appellant.

Court of Appeals of New York.

Decided June 15, 2010.

Attorney(s) appearing for the Case

Brandon E. Boutelle , Deputy Public Defender, Elizabethtown, for appellant.

Kristy L. Sprague , District Attorney, Elizabethtown ( Brian Felton and Michael P. Langey of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

On July 15, 2003, defendant Scott G. Mitchell was arrested in Essex County and charged with driving while intoxicated (see Vehicle and Traffic Law § 1192 [2], [3]), which was elevated to a felony on account of his misdemeanor conviction of this same crime in June 2000 (see Vehicle and Traffic Law § 1193 [1] [c]); aggravated unlicensed operation of a motor vehicle...

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