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PEOPLE v. PARKER

S.C.I. No. 1170/12 2016-07918.

160 A.D.3d 767 (2018)

75 N.Y.S.3d 204

2018 NY Slip Op 02487

The People of the State of New York, Respondent, v. Zachary Parker, Appellant.

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

Decided April 11, 2018.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the County Court, Nassau County, for further proceedings in accordance herewith.

In 2012, the defendant pleaded guilty to driving while ability impaired by drugs, as a misdemeanor, in violation of Vehicle and Traffic Law § 1192 (4) (hereinafter DWAI), criminal possession of a controlled substance in the fifth...

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