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PEOPLE v. DiTORE

2021-02831, 2021-02832. Ind. No. 1997/10.

209 A.D.3d 665 (2022)

175 N.Y.S.3d 562

2022 NY Slip Op 05541

The People of the State of New York, Appellant, v. Anthony DiTore, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 5, 2022.

Attorney(s) appearing for the Case

Anne T. Donnelly , District Attorney, Mineola, NY ( Cristin N. Connell and Daniel Bresnahan of counsel), for appellant.

Barket Epstein Kearon Aldea & LoTurco, LLP, Mineola, NY ( Danielle Muscatello and Donna Aldea of counsel), for respondent.

Connolly, J.P., Rivera, Dowling and Voutsinas, JJ., concur.

Appeals by the People from (1) an order of the Supreme Court, Nassau County (Felice J. Muraca, J.), entered March 17, 2021, and (2) an amended order of the same court entered March 22, 2021, which granted, without a hearing, the defendant's motion pursuant to CPL 440.10 to vacate a judgment of the same court (Philip Grella, J.) rendered February 3, 2011, convicting him of driving while intoxicated in violation of Vehicle and Traffic Law § 1192(2), driving while intoxicated...

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