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PEOPLE v. McKIERNAN

2018-704 WCR.

70 Misc.3d 79 (2020)

138 N.Y.S.3d 797

2020 NY Slip Op 20352

THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. BRENDAN A. McKIERNAN, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided December 24, 2020.

Attorney(s) appearing for the Case

Peter G. McKiernan and John R. Lewis for appellant.

Anthony A. Scarpino, Jr. , District Attorney ( Brian R. Pouliot and William C. Milaccio of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgments of conviction are affirmed.

On December 17, 2015, defendant was arraigned, insofar as relevant to this appeal, on three uniform traffic tickets (UTTs) charging him with, respectively, aggravated driving while intoxicated (Vehicle and Traffic Law § 1192[2-a][a]), driving while intoxicated (per se) (Vehicle and Traffic Law § 1192[2]) and driving while intoxicated (common law) (Vehicle...

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