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PEOPLE v. PAULINO

77509C-07.

24 Misc.3d 832 (2009)

878 N.Y.S.2d 871

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. EPIFANO PAULINO, Defendant.

Supreme Court, Bronx County.

Decided May 8, 2009.

Attorney(s) appearing for the Case

Bianka Vega and Matilde Sanchez for defendant.

Robert T. Johnson, District Attorney (John Miras and Daniel Donnelly of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD LEE PRICE, J.

The defendant, charged with operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [1], [3]), was convicted after a jury trial of Vehicle and Traffic Law § 1192 (1), a violation, and acquitted of Vehicle and Traffic Law § 1192 (3), a misdemeanor. Defendant then orally moved to set aside the verdict due to the unavailability of a videotape recording during jury...

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