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PEOPLE v. EMPEY

107221.

144 A.D.3d 1201 (2016)

2016 NY Slip Op 07237

41 N.Y.S.3d 164

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN R. EMPEY, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided November 3, 2016.

Defendant, who had eight prior convictions for driving while intoxicated, waived indictment and agreed to be prosecuted pursuant to a superior court information charging him with aggravated driving while intoxicated. Plea discussions ensued and, in return for his acceptance into the Judicial Diversion Program (hereinafter JDP) (

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