People v. Thumser

OPINION OF THE COURT

Sandra J. Feuerstein, J.

Upon the motion to reargue the court’s decision dated May 9, 1989, reargument is granted and the decision below is hereby substituted:

The defendant, Bart Thumser, was arrested and arraigned on a charge of driving while impaired by alcohol in violation of section 1192 (1) of the Vehicle and Traffic Law on December 30, 1988. Defendant and counsel appeared on January 19, 1989 at which time the matter was adjourned to February 27, 1989 for trial. By letter dated January 20, 1989, and received by the clerk of the court on January 23, 1989, defendant *426reque…