Legal Opinion

People v. Gomez

Criminal Court of the City of New York

Decided July 18, 2017Published

1Opinion of the Court

OPINION OF THE COURT

David J. Kirschner, J.

By an accusatory instrument filed August 25, 2014, defendant was charged with three counts of operating a motor vehicle while under the influence of alcohol or drugs (two counts as intoxicated, Vehicle and Traffic Law § 1192 [3], [4], both misdemeanors; one count as impaired, Vehicle and Traffic Law § 1192 [1], a violation).

In a motion dated January 20, 2017, defendant moved to dismiss the charges on the grounds that his equal protection rights were violated. In papers dated April 12, 2017, the People opposed. On June 19, 2017, this court denied the…

2Cases cited9 opinions

  1. Hernandez v. New YorkSupreme Court of the United States · 1991
  2. Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
  3. Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
  4. Regents of the University of California v. BakkeSupreme Court of the United States · 1978
  5. People v. FinneganNew York Court of Appeals · 1995

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