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PEOPLE v. SIMS

110375.

201 A.D.3d 1248 (2022)

161 N.Y.S.3d 502

2022 NY Slip Op 00471

The People of the State of New York, Respondent, v. Dewey Sims, Appellant.

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

Decided January 27, 2022.

Attorney(s) appearing for the Case

Mitchell S. Kessler, Cohoes, for appellant.

P. David Soares, District Attorney, Albany (Erin N. LaValley of counsel), for respondent.

Egan Jr., J.P., Clark and Pritzker, JJ., concur.

In April 2016, defendant was charged by indictment with felony driving while intoxicated (hereinafter DWI) and refusal to take a breath test, a traffic infraction, based upon allegations that, shortly after midnight on April 20, 2016, he operated a motor vehicle while intoxicated and rear-ended a vehicle that was stopped at a stop...

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