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PEOPLE v. WILKINS

2014-102 WCR.

52 Misc.3d 72 (2016)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD WILKINS, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided June 6, 2016.

Attorney(s) appearing for the Case

Holwell Shuster & Goldberg LLP, New York City (Daniel P. Goldberg of counsel), for appellant.

James A. McCarty, Acting District Attorney, White Plains (Jennifer Spencer and Steven A. Bender of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law, and the matter is remitted to the City Court for a new trial on the charge of driving while intoxicated (common law).

Defendant was charged in a single accusatory instrument with aggravated driving while intoxicated per se (Vehicle and Traffic Law § 1192 [2-a] [a]) and common-law driving while intoxicated (Vehicle and Traffic Law § 1192 [3...

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