People v. Cimitile (Diana)

2014-2090 N CR

The People of the State of New York, Respondent,

against

Diana M. Cimitile, Appellant.

Appeal from two judgments of the District Court of Nassau County, First District (Susan T. Kluewer, J.), rendered September 5, 2014. The judgments convicted defendant, upon jury verdicts, of driving while intoxicated per se and common-law driving while intoxicated, respectively.

ORDERED that the judgments of conviction are reversed, on the facts, and the accusatory instruments are dismissed.

Defendant was charged with driving while intoxicated per se (Vehicle and Traffic Law § 1192 [2]), common-law…