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PEOPLE v. KNIGHT

2015-562 N CR.

66 Misc.3d 8 (2019)

113 N.Y.S.3d 815

2019 NY Slip Op 29361

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACQUELINE D. KNIGHT, Appellant.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

Decided November 21, 2019.

Attorney(s) appearing for the Case

Legal Aid Society ( Tammy Feman and Marquetta Christy of counsel) for appellant.

Madeline Singas , District Attorney ( Yael V. Levy and Autumn Hughes of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is affirmed.

Defendant was convicted, following a jury trial, of driving while intoxicated (per se) (Vehicle and Traffic Law § 1192[2]).

Defendant's contention that she was deprived of a fair trial on the ground that the People used their cross-examination of the defense's expert witness to advance a theory of the case that the evidence did not support is unpreserved...

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