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1
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OPINION
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EXTRACTED KEY WORDS
EVIDENCE ROBERT COUNTY COURT GRAND JURY FELONY PRIMA FACIE DEFENDANT PRIMA FACIE PROOF DWI OFFENSE CHARGE APPELLANT REVERSE REINSTATE INDICTMENT CERTIFICATE CPL LEGALLY SUFFICIENT MEMORANDUM GENESEE COUNTY VTL PRIOR CONVICTION NAMED ROBERT PROSECUTOR MOTIONS INSUFFICIENT COMPETENT EVIDENCE QUALITY WEIGHT |
THE PEOPLE &C., RESPONDENT, v. ROBERT L. VAN BUREN, APPELLANT.
82 N.Y.2d 878, 631 N.E.2d 112, 609 N.Y.S.2d 170 (1993).
December 20, 1993
4 No. 267 (1993 NY Int. 269)
Decided December 20, 1993
_________________________________________________________________
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Clark J. Zimmermann, Jr., for Appellant.
Robert C. Noonan, for Respondent.
MEMORANDUM:
The order of the Appellate Division should be reversed and the order
of the Genesee County Court reinstated.
A Grand Jury indicted defendant VanBuren for, among other things, the
felony of driving while intoxicated (see, Vehicle and Traffic Law
("VTL") § 1192 (5)) and § 1193(1)(c)). A person who drives while
intoxicated or alcohol-impaired and who has been previously convicted
of driving while intoxicated or alcohol-impaired within the preceding
ten years "shall be guilty of a felony" (VTL § 1192(5)). The only
evidence submitted by the prosecutor to the Grand Jury as prima facie
proof of defendant's prior conviction was a Certificate of Conviction
for Driving While Intoxicated (DWI), indicating that within the last
ten years a Robert L. VanBuren had been convicted in Genesee County
for a DWI violation under VTL § 1192. No additional evidence as to the
identity of the previously convicted individual was presented.
Defendant filed omnibus motions seeking, inter alia, dismissal or
reduction of the felony count, arguing that there was insufficient
prima facie proof before the Grand Jury of the predicate conviction.
County Court held that there was no competent evidence identifying
defendant as the person named Robert L. VanBuren who had been
convicted of the prior offense referred to in the Certificate of
Conviction. Accordingly, the court, on the motion to inspect the Grand
Jury minutes and to reduce the felony charge, dismissed the indictment
with leave to the People to take such remedial action as authorized by
CPL 210.20 (1-a & 6). On the People's appeal, the Appellate Division
unanimously reversed and reinstated the DWI felony count. We now
reverse and reinstate the order of the County Court.
SNIPPETS:
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