Legal Opinion
People v. Harris
Rochester City Court
Decided November 22, 2006PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas Rainbow Morse, J.
Although the defendant was originally charged with common-law driving while intoxicated (DWI), he waived his right to trial by jury on that charge and was convicted after a bench trial of the offense of driving while his ability to do so was impaired by alcohol (DWAI). Following the verdict and before sentencing, it was brought to the court’s attention that in the past 10 years the defendant had been convicted twice of DWAI. Since our law provides that a third violation of any subdivision of Vehicle and Traffic Law § 1192 within such a time period…
2Cases cited37 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Shepard v. United StatesSupreme Court of the United States · 2005
- Jones v. United StatesSupreme Court of the United States · 1999
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3Cited by2 opinions
- People v. Harris, New York County Courts2008
- Commonwealth, Aplt. v. Myers, D.Supreme Court of Pennsylvania · 2017