People v. Durham
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered July 28, 1988, convicting him of operating a motor vehicle while intoxicated as a felony, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.
We agree that the judgment must be reversed and the matter remitted for a new trial. A fair reading of the minutes of the Sandoval hearing (see, People v Sandoval, 34 NY2d 371) makes clear that the court had ruled that if the defendant…
2Cases cited7 opinions
- People v. SandovalNew York Court of Appeals · 1974
- People v. EsquilinAppellate Division of the Supreme Court of the State of New York · 1988
- People v. BloweAppellate Division of the Supreme Court of the State of New York · 1987
- People v. TorrienteAppellate Division of the Supreme Court of the State of New York · 1987
- People v. OglesbyAppellate Division of the Supreme Court of the State of New York · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. PattersonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. BeniquezAppellate Division of the Supreme Court of the State of New York · 1995
- People v. OwensAppellate Division of the Supreme Court of the State of New York · 1994
- People v. HaynesAppellate Division of the Supreme Court of the State of New York · 1993
- People v. WilkensAppellate Division of the Supreme Court of the State of New York · 1991
4 more not listed; retrieve them via the Exa API.