PEOPLE v. GARCIA

2013-183 K CR

49 Misc.3d 47 (2015)

19 N.Y.S.3d 155

2015 NY Slip Op 25330

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE L. GARCIA, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided September 17, 2015.


Attorney(s) appearing for the Case

Scott A. Rosenberg , The Legal Aid Society, New York City (Susan Epstein of counsel), for appellant.

Kenneth P. Thompson , District Attorney, Brooklyn ( Leonard Joblove , Lori Glachman and Daniel Berman of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is reversed, on the law, the guilty plea is vacated, the counts of the accusatory instrument that had been dismissed are reinstated, and the matter is remitted to the Criminal Court for all further proceedings.

Defendant was charged in a single accusatory instrument with driving while intoxicated (common law) (Vehicle and Traffic Law § 1192 [3]), driving while impaired (Vehicle and Traffic...

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