People v. Daggett
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, felony driving while intoxicated (DWI) (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [former (ii)]) and felony driving while ability impaired by drugs (DWAI) (§ 1192 [4]; § 1193 [1] [c] [former (ii)]). Prior to defendant’s first trial, which ended in a mistrial, County Court granted the People’s motion to dismiss the DWAI count. Contrary to defendant’s contention in his main and pro se supplemental briefs, the court properly concluded that the dismissal of the DWAI count was a nullity (see…
2Cases cited14 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. DanielsonNew York Court of Appeals · 2007
- People v. MalloyNew York Court of Appeals · 1982
- People v. QuinonesNew York Court of Appeals · 2009
- People v. BattlesNew York Court of Appeals · 2010
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3Cited by6 opinions
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- People v. RobertsAppellate Division of the Supreme Court of the State of New York · 2014
- People v. RobertsAppellate Division of the Supreme Court of the State of New York · 2014
- People v. SmartAppellate Division of the Supreme Court of the State of New York · 2012
- ROBERTS, ROOSEVELT, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
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