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PEOPLE v. LEGNETTI

2019-1224 NCR.

73 Misc.3d 36 (2021)

157 N.Y.S.3d 230

2021 NY Slip Op 21306

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CORY LEGNETTI, Appellant.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

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

Joyce A. Smith , Acting District Attorney ( Kevin C. King and Benjamin A. Kussman of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law, the counts of the accusatory instrument charging defendant with speeding and unsafe lane change are dismissed, the fines and surcharges imposed on those convictions, if paid, are remitted, and the matter is remitted to the District Court for a new trial on the count charging defendant with driving while ability impaired.

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