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PEOPLE v. HAO LIN

2010-3007 K CR

46 Misc.3d 20 (2014)

998 N.Y.S.2d 558

2014 NY Slip Op 24378

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAO LIN, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided November 26, 2014.

Attorney(s) appearing for the Case

Steven Banks, The Legal Aid Society, New York City ( Denise Fabiano of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Leonard Joblove , Anthea H. Bruffee and Danit Almog of counsel), for respondent.

WESTON, J.P., ALIOTTA and ELLIOT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

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

On January 2, 2008, the People charged defendant, in an information, with aggravated driving while intoxicated (Vehicle and Traffic Law § 1192 [2-a]), driving while intoxicated (per se) (Vehicle and Traffic Law § 1192 [2]), driving...

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