People v. Kelleher, 2011–2405 S CR.
| Decision Date | 04 June 2013 |
| Docket Number | No. 2011–2405 S CR.,2011–2405 S CR. |
| Citation | 2013 N.Y. Slip Op. 50948,39 Misc.3d 149,975 N.Y.S.2d 368 |
| Parties | The PEOPLE of the State of New York, Appellant, v. Stephen F. KELLEHER, Respondent. |
| Court | New York Supreme Court — Appellate Term |
OPINION TEXT STARTS HERE
Accordingly, the order is reversed, defendant's motion to dismiss the simplified traffic information charging him with driving across official markings and the amended misdemeanor information charging him with driving while intoxicated is denied, the accusatory instruments are reinstated, and the matter is remitted to the Justice Court for all further proceedings.
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3 cases
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People v. Vogt
...(see Key , 45 N.Y.2d at 116, 408 N.Y.S.2d 16, 379 N.E.2d 1147 ; Hakim , 60 Misc. 3d 137[A], 2018 N.Y. Slip Op. 51112[U] ; People v. Kelleher , 39 Misc. 3d 149[A], 2013 N.Y. Slip Op. 50948[U], 2013 WL 2915798 [App. Term, 2d Dept., 9th & 10th Jud. Dists. 2013] ; cf. Delprete , 62 Misc. 3d 128......
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People v. Delprete
...can be waived if not timely raised (see People v Beattie , 80 NY2d 840 [1992] ; People v Key , 45 NY2d 111, 116-117 [1978] ; People v Kelleher , 39 Misc 3d 149[A], 2013 NY Slip Op 50948[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2013] ). Since defendant's motion to dismiss the simplified t......
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People v. Patrizio
...defect and can be waived (see People v. Beattie , 80 NY2d 840 [1992] ; People v. Key , 45 NY2d 111, 116-117 [1978] ; People v. Kelleher , 39 Misc 3d 149[A], 2013 NY Slip Op 50948[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2013] ). Here, defendant failed to move to dismiss the simplified tr......