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PEOPLE v. DARRISAW

1115 KA 08-01194.

66 A.D.3d 1427 (2009)

886 N.Y.S.2d 315

2009 NY Slip Op 6992

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY C. DARRISAW, Appellant.

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

Decided October 2, 2009.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on count two of the indictment.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3] [a] [ii]). In accordance with our decision in People v Pacer (21 A.D.3d 192 [2005...

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