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PEOPLE v. BORST

2013-1189 W CR

49 Misc.3d 63 (2015)

20 N.Y.S.3d 838

2015 NY Slip Op 25317

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALAN BORST, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided September 11, 2015.

Attorney(s) appearing for the Case

Joseph M. Latino , Croton-on-Hudson, for appellant.

Janet DiFiore , District Attorney, White Plains ( Raffaelina Gianfrancesco , Steven A. Bender and Richard Longworth Hecht of counsel), for respondent.

IANNACCI, J.P., TOLBERT and GARGUILO, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that so much of the appeal as is from the judgments convicting defendant of disobeying a traffic control device and speeding, respectively, is dismissed as abandoned; and it is further, ordered that the judgments convicting defendant of driving while intoxicated (per se) and driving while intoxicated (common law) are reversed, on the law, defendant's pleas of guilty to these charges are vacated, so much of the order...

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