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PEOPLE v. GERTZ

189 Misc.2d 315 (2001)

731 N.Y.S.2d 326

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL GERTZ, Appellant.

Supreme Court, Appellate Term, Second Department.

July 3, 2001.

Attorney(s) appearing for the Case

Larkin, Axelrod, Trachte & Tetenbaum, L. L. P., Newburgh (John Ingrassia of counsel), for appellant.

Francis D. Phillips, II, District Attorney of Orange County, Goshen (David R. Huey and Andrew R. Kass of counsel), for respondent.

FLOYD, P. J., and COPPOLA, J., concur; COLABELLA, J., dissents in part and concurs in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction for driving while intoxicated reversed on the law and facts, and said accusatory instrument dismissed.

Judgment of conviction for driving while ability impaired affirmed.

Contrary to the People's argument, defendant's motion to dismiss properly preserved the issue regarding the legal sufficiency of the evidence establishing defendant...

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