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The People of the State of New York v. John N. Dipretoro

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS


September 13, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
APPELLANT,
v.
JOHN N. DIPRETORO, RESPONDENT.

Appeal from an order of the District Court of Suffolk County, First District (Paul M. Hensley, J.), entered July 5, 2011.

People v DiPretoro (John)

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 13, 2012

PRESENT: LaCAVA, J.P., NICOLAI and LaSALLE, JJ

The order granted defendant's motion to dismiss the accusatory instrument.

ORDERED that the order is reversed, on the law, defendant's motion to dismiss the accusatory instrument is denied, and the matter is remitted to the District Court for all further proceedings.

The People charged defendant in an information with violating Vehicle and Traffic Law § 1192 (3). The District Court granted defendant's motion to dismiss the information on the ground that defendant's admission was the only proof of the element of operation alleged therein and the factual allegations were insufficient to satisfy the corroboration requirement of CPL 60.50. In People v Suber ( NY3d , 2012 NY Slip Op 03573 [May 8, 2012]), the Court of Appeals held that CPL 60.50 is inapplicable to misdemeanor informations.

Accordingly, the order is reversed, defendant's motion to dismiss the information is denied, and the matter is remitted to the District Court for all further proceedings.

LaCava, J.P., Nicolai and LaSalle, JJ., concur. Decision Date: September 13, 2012

20120913

© 1992-2012 VersusLaw Inc.



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