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PEOPLE v. SOUTH

2009-2236 SCR.

29 Misc.3d 92 (2010)

912 N.Y.S.2d 837

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MELISA H. SOUTH, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided October 29, 2010.

Attorney(s) appearing for the Case

Thomas J. Spota , District Attorney, Riverhead ( Glenn Green of counsel), for appellant.

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

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order granting the branch of defendant's motion seeking to dismiss the two accusatory instruments charging her with endangering the welfare of a child is affirmed; and it is further, ordered that the order granting defendant's motion, pursuant to CPL 30.30 (1) (b), to dismiss the accusatory instruments charging defendant with driving while intoxicated per se and driving while intoxicated is reversed, on the...

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