Legal Opinion

People v. Carvalho

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 1991PublishedCited by 3 opinions

1Opinion of the Court

—Appeal by defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered March 23, 1990, convicting him of operating a motor vehicle while under the influence of alcohol and leaving the scene of an accident, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the indictment charging him with violating Vehicle and Traffic Law §§ 1192 (2) and (3) violated the constitutional prohibition against double jeopardy. We disagree. It is clear that subdivisions (2) and (3) of Vehicle and Traffic Law § 1192 were intended to be…

2Cases cited3 opinions

  1. People v. FarmerNew York Court of Appeals · 1975
  2. People v. WhelanAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. RuddAppellate Division of the Supreme Court of the State of New York · 1973

3Cited by3 opinions

  1. People v. MillerAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. MurphyAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. MurphyAppellate Division of the Supreme Court of the State of New York · 2012

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