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PEOPLE v. FALLUCCHI

22 Misc.3d 253 (2008)

865 N.Y.S.2d 874

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. STEVEN J. FALLUCCHI, Defendant.

County Court, Yates County.

October 20, 2008.

Attorney(s) appearing for the Case

Fitzsimmons Law Firm, Watkins Glen (Daniel J. Fitzsimmons of counsel), for defendant.

Susan H. Lindenmuth, District Attorney, Penn Yan (Jason L. Cook of counsel), for plaintiff.

OPINION OF THE COURT

W. PATRICK FALVEY, J.

Defendant, Steven J. Fallucchi, was indicted on one count each of driving while intoxicated, in violation of Vehicle and Traffic Law § 1192 (3) and § 1193 (1) (c) (i) and aggravated driving while intoxicated, per se, in violation of Vehicle and Traffic Law § 1192 (2-a) and § 1193 (1) (c) (i), both class E felonies.

Defendant moved for...

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