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PEOPLE v. BASEDOW

470 KA 17-01054.

207 A.D.3d 1192 (2022)

170 N.Y.S.3d 788

2022 NY Slip Op 04483

The People of the State of New York, Respondent, v. Scott D. Basedow, Appellant.

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

Decided July 8, 2022.

Attorney(s) appearing for the Case

ROBERT GALLAMORE, OSWEGO, FOR DEFENDANT-APPELLANT.

GREGORY S. OAKES, DISTRICT ATTORNEY, OSWEGO (AMY L. HALLENBECK OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Centra, NeMoyer, Curran and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of aggravated driving while intoxicated as a class E felony (Vehicle and Traffic Law §§ 1192[2-a][a]; 1193[1][c][i]) and driving while intoxicated as a class E felony (§§ 1192[3]; 1193[1][c][i]). We affirm.

We reject defendant's contention that County Court's Sandoval ruling...

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