Legal Opinion

People v. Smith

Kinderhook Justice Court

Decided August 29, 2014Published

1Opinion of the Court

OPINION OF THE COURT

David A. Dellehunt, J.

The defendant, Bryan M. Smith, was charged with per se driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2), and common-law driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3). Defendant moves by letter motion for the court to approve the proposed plea agreement between the defendant and the Columbia County District Attorney’s Office allowing the defendant to plea to disorderly conduct in violation of Penal Law § 240.20. The People orally join in defendant’s motion, initially having requested an…

2Cases cited7 opinions

  1. People v. PrescottNew York Court of Appeals · 2001
  2. People v. BeyerAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. ArdilaNew York Court of Appeals · 1995
  4. People v. KowalskiAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. StraussAppellate Division of the Supreme Court of the State of New York · 1940

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