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PEOPLE v. McCOMBS

2012-2439 OR CR

47 Misc.3d 44 (2015)

6 N.Y.S.3d 903

2015 NY Slip Op 25056

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES W. McCOMBS, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided February 17, 2015.

Attorney(s) appearing for the Case

Larkin, Axelrod, Ingrassia & Tetenbaum, LLP, Newburgh ( John Ingrassia and Andrew H. Baginski of counsel), for appellant.

Francis D. Phillips, II , District Attorney, Goshen ( Robert H. Middlemiss of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgments of conviction are affirmed.

On March 14, 2010, the People charged defendant, in separate simplified traffic informations, with driving while intoxicated (per se) (Vehicle and Traffic Law § 1192 [2]) and driving while intoxicated (common law) (Vehicle and Traffic Law § 1192 [3]), respectively, alleging that, on that date, defendant committed...

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