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PEOPLE v. MAY

2009-2013 W CR.

29 Misc.3d 1 (2010)

908 N.Y.S.2d 525

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BENJAMIN MAY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided July 8, 2010.

Attorney(s) appearing for the Case

Janet DiFiore , District Attorney, White Plains ( Raffaelina Gianfrancesco , Richard Longworth Hecht and Anthony J. Servino of counsel), for appellant.

Vouté, Lohrfink, Magro & Collins, LLP, White Plains ( Charles A. Collins, Jr. , of counsel), for respondent.

NICOLAI, P.J., LACAVA and IANNACCI, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, on the law, defendant's motion to dismiss the accusatory instruments is denied, the accusatory instruments are reinstated, and the matter is remitted to the Justice Court for all further proceedings thereon.

Defendant was involved in an automobile accident on March 19, 2008. That same day...

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