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PEOPLE v. HEATH

531 KA 21-01510.

218 A.D.3d 1330 (2023)

193 N.Y.S.3d 818

2023 NY Slip Op 04059

The People of the State of New York, Respondent, v. John J. Heath, Appellant.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

LEANNE LAPP , PUBLIC DEFENDER, CANANDAIGUA, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( ALLISON V. McMAHON OF COUNSEL), FOR DEFENDANT-APPELLANT.

JAMES B. RITTS , DISTRICT ATTORNEY, CANANDAIGUA ( JEFFERY R. FRIESEN OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Lindley, Curran, Bannister and Ogden, JJ.

Appeal from a judgment of the Ontario County Court (Brian D. Dennis, J.), rendered October 12, 2021. The judgment convicted defendant, upon a plea of guilty, of driving while intoxicated (two counts), and aggravated unlicensed operation of a motor vehicle in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice by reducing...

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