People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal from a judg*859ment of Cattaraugus County Court (Himelein, J.), entered April 8, 2002, convicting defendant after a jury trial of, inter alia, felony driving while intoxicated.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed, and the matter is remitted to the Cattaraugus County Court for proceedings pursuant to CPL 460.50 (5).
Memorandum: Defendant appeals from a judgment convicting him following a jury trial of, inter alia, felony driving while intoxicated (DWI) (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [i]), and aggravated…
2Cases cited6 opinions
- People v. GrayNew York Court of Appeals · 1995
- People v. GombergNew York Court of Appeals · 1975
- People v. WandellNew York Court of Appeals · 1990
- People v. TatroAppellate Division of the Supreme Court of the State of New York · 1997
- People v. DonhauserAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by5 opinions
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- People v. KoppAppellate Division of the Supreme Court of the State of New York · 2006
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2003
- People v. SchuhAppellate Division of the Supreme Court of the State of New York · 2004
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2006