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PEOPLE v. CARDILLO

2016-295 WCR.

64 Misc.3d 25 (2019)

101 N.Y.S.3d 813

2019 NY Slip Op 29149

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK L. CARDILLO, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided May 16, 2019.

Attorney(s) appearing for the Case

Anthony M. Giordano for appellant.

Anthony A. Scarpino, Jr. , District Attorney ( Christine DiSalvo and William C. Milaccio of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is affirmed.

On March 29, 2015, the People charged defendant with driving while intoxicated (per se) (Vehicle and Traffic Law § 1192 [2]) and driving while intoxicated (common law) (Vehicle and Traffic Law § 1192[3]). Defendant made no motion to suppress evidence, and, at a nonjury trial, defense counsel stipulated to the admission of the results of a post-arrest blood...

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