PEOPLE v. SERRANO

2014-2822 SCR.

53 Misc.3d 67 (2016)

40 N.Y.S.3d 706

2016 NY Slip Op 26305

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MARCOS GABRIEL SERRANO, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided September 20, 2016.


Attorney(s) appearing for the Case

Thomas J. Spota III , District Attorney, Riverhead (Karla Lato of counsel), for appellant.

Robert C. Mitchell , Legal Aid Society, Riverhead ( Agnes Neldner-Ratuszny of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the order dated November 3, 2014, insofar as appealed from, is reversed, on the law, and, upon reargument, so much of the determination in the order dated August 21, 2014 as denied the branch of defendant's prior motion seeking to dismiss accusatory instruments charging him with driving while intoxicated per se and common-law driving while intoxicated is adhered to.

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