Cosgrove v. Kubiniec
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed, without costs, petition granted, and matter remitted to Buffalo City Court. Memorandum: The District Attorney brings this article 78 proceeding to vacate two judgments of driving while impaired entered upon pleas of guilty by respondents McCune and Griffin before respondent City Judge. The pleas were in satisfaction of informations charging driving while intoxicated and were accepted by the court over the objection of the District Attorney, contrary to CPL 220.10 (see Matter of McDonald v Sobel, 272 App Div 455, affd 297 NY 679; People v Darling, 50 AD2d 1038;…
2Cases cited10 opinions
- MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
- People v. GoodmanNew York Court of Appeals · 1972
- People v. Utica Daw's Drug Co.Appellate Division of the Supreme Court of the State of New York · 1962
- Matter of McDonald v. SobelNew York Court of Appeals · 1947
- People v. . ZerilloNew York Court of Appeals · 1911
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3Cited by10 opinions
- People v. BartleyNew York Court of Appeals · 1979
- Gribetz v. EdelsteinAppellate Division of the Supreme Court of the State of New York · 1978
- People v. ChristensenAppellate Division of the Supreme Court of the State of New York · 2010
- Gribetz v. EdelsteinAppellate Division of the Supreme Court of the State of New York · 1982
- Kurlander v. DavisNew York Supreme Court · 1980
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