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PEOPLE v. MORALES

No. 209.

28 N.Y.3d 1087 (2016)

66 N.E.3d 1090

44 N.Y.S.3d 372

2016 NY Slip Op 08397

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CRISTIAN MORALES, Appellant.

Court of Appeals of New York.

Decided December 15, 2016.

Attorney(s) appearing for the Case

Kent V. Moston , Legal Aid Society of Nassau County, Hempstead ( Dori Cohen and Jeremy L. Goldberg of counsel), for appellant.

Madeline Singas , District Attorney, Mineola ( Adam S. Charnoff , Tammy J. Smiley and Jason R. Richards of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be reversed and the matter remitted to that court for further proceedings in accordance with this memorandum.

In October 2011, defendant was convicted, after a jury trial, of two counts of operating a motor vehicle while intoxicated and other related charges. After filing a notice of appeal and executing an affidavit in support of a motion seeking permission to proceed as a poor...

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