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PEOPLE v. LOPEZ

2011RI004906.

34 Misc.3d 476 (2011)

931 N.Y.S.2d 478

2011 NY Slip Op 21366

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LUIS A. LOPEZ, Defendant.

Criminal Court of the City of New York, Richmond County.

Decided September 26, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, Staten Island ( Gregory Coleman of counsel), for defendant.

Daniel M. Donovan, Jr. , District Attorney ( Matthew W. Ross of counsel), for plaintiff.

OPINION OF THE COURT

MARIO F. MATTEI, J.

"We have firmly held that the failure of the Legislature to include a substantive, significant prescription in a statute is a strong indication that its exclusion was intended" (People v Finnegan, 85 N.Y.2d 53, 58 [1995]).

In the case before the court the defendant has been arrested and charged with two counts of operating a motor vehicle while intoxicated (Vehicle...

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