People v. Dean

OPINION OF THE COURT

Bruce G. Dean, J.

By notice of motion returnable before the Special Term of this court on January 7, 1980, the defendant, Frank L. Dean, moved, pursuant to CPL 330.30, for dismissal of the jury verdict upon the grounds, inter alla, that defendant was denied due process of law and for prosecutorial misconduct. On November 29, 1979, defendant was convicted of driving *481while intoxicated as a misdemeanor and operating a motor vehicle while under the influence of alcohol in violation of subdivisions 2 and 3 of section 1192 of the Vehicle and Traffic Law. Defendant was tried for…