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People v. Gardner

176 A.D.2d 1230 Court N.Y. App. Div. Decision date 1991-10-04 English

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p. 1230
The People of the State of New York, Respondent, v Steven F. Gardner, Appellant.

— Judgment unanimously affirmed. Memorandum: The prosecutor’s reference in his opening statement to defendant’s prior conviction for driving while intoxicated does not require reversal because the conviction was a necessary element of the aggravated unlicensed operation of a motor vehicle charge (see, Vehicle and Traffic Law

p. 1231
§ 511 [3]; People v Miller, 163 AD2d 627 , 629, lv denied 76 NY2d 942 ; People v Cooper, 158 AD2d 743 ; People v Koponen, 129 AD2d 838 ). Defendant’s remaining contentions lack merit. (Appeal from Judgment of Ontario County Court, Reed, J.— Felony Driving While Intoxicated.) Present — Callahan, A. P. J., Denman, Green, Pine and Davis, JJ.

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