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PEOPLE v. TRACEY

2009-017

25 Misc.3d 849 (2009)

885 N.Y.S.2d 559

2009 NY Slip Op 29359

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. BRIAN TRACEY, Defendant.

County Court, Livingston County.

Decided August 3, 2009.

Attorney(s) appearing for the Case

Chauncey J. Watches, Canisteo, for defendant.

Thomas E. Moran, District Attorney, Geneseo, for plaintiff.

OPINION OF THE COURT

DENNIS S. COHEN, J.

Defendant is charged, by indictment No. 2009-017, with driving while intoxicated and crossing hazardous markings (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]; § 1128 [d]).

On June 8, 2009, defendant filed with the court an omnibus motion. Defendant moves for dismissal of the indictment in the furtherance of justice (CPL 210.40). Defendant...

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