Legal Opinion
People v. Ballman
New York Court of Appeals
Decided June 10, 2010No. 100PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
This appeal raises the issue whether Vehicle and Traffic Law § 1192 (8) allows an out-of-state conviction occurring prior to November 1, 2006 to be considered for purposes of elevating a charge of driving while intoxicated from a misdemeanor to a felony. We hold that it does not.
Defendant was indicted for driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]) and for obstructing governmental administration in the second degree (Penal Law § 195.05) for acts committed on February 22, 2007. As the basis for elevating…
2Cases cited4 opinions
- DaimlerChrysler Corp. v. SpitzerNew York Court of Appeals · 2006
- Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
- People v. EdwardsNew York Court of Appeals · 2001
- People v. BallmanAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by18 opinions
- The People v. Anthony JonesNew York Court of Appeals · 2016
- People v. FrancisCourt for the Trial of Impeachments and Correction of Errors · 2018
- Commack Self-Service Kosher Meats, Inc. v. HookerCourt of Appeals for the Second Circuit · 2012
- Matter of Edna Shannon v. Westchester County Department of Social ServicesNew York Court of Appeals · 2015
- People v. MoralesNew York Court of Appeals · 2012
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