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PEOPLE v. MOJICA

62 A.D.3d 100 (2009)

874 N.Y.S.2d 195

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL MOJICA, Appellant.

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

Decided February 24, 2009.

Attorney(s) appearing for the Case

Bruce A. Petito, Poughkeepsie, for appellant.

William V. Grady, District Attorney, Poughkeepsie (Kirsten A. Rappleyea of counsel), for respondent.

FISHER, J.P., COVELLO and LEVENTHAL, JJ., concur.

OPINION OF THE COURT

McCARTHY, J.

Penal Law § 120.03 (1) provides that a person is guilty of vehicular assault in the second degree when he or she causes serious physical injury to another person, inter alia, while operating a motor vehicle while impaired or intoxicated and causes that serious physical injury as a result of such intoxication. The statute also provides that proof of such operation and...

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