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PEOPLE v. GIULIANI

2011-1114 N CR

47 Misc.3d 31 (2014)

6 N.Y.S.3d 382

2014 NY Slip Op 24211

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL GIULIANI, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided July 24, 2014.

Attorney(s) appearing for the Case

Kathleen M. Rice , District Attorney, Mineola ( Donald Berk and Tammy J. Smiley of counsel), for respondent.

Mitchell Dranow , Sea Cliff, for appellant.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law, and the matter is remitted to the District Court for a new trial.

On July 31, 2007, the People charged defendant, by a simplified traffic information, with driving while intoxicated (per se) (Vehicle and Traffic Law § 1192 [2]) based on a blood alcohol test result of .14 of one per centum by weight. In the course of jury selection, defendant sought...

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