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PEOPLE v. MORENO

2017-1083 KCR.

70 Misc.3d 10 (2020)

135 N.Y.S.3d 560

2020 NY Slip Op 20290

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOAQUIN MORENO, Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided October 30, 2020.

Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Hannah Gladstein , of counsel), for appellant.

Eric Gonzlaez , District Attorney, ( Leonard Joblove and Sarah G. Pitts , of counsel), for respondent.

ALIOTTA, P.J., SIEGAL and TOUSSAINT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law, and the accusatory instrument is dismissed.

Defendant was charged in an accusatory instrument with driving while his ability was impaired (Vehicle and Traffic Law § 1192[1]), a traffic infraction, consumption or possession of an alcoholic beverage in a motor vehicle located upon the public highways (Vehicle and Traffic Law § 1227[1]), a traffic...

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