Opinion
No. KA 10-02157.
September 30, 2011.
Appeal from a judgment of the Livingston County Court (Gerard J. Alonzo, Jr., J.), rendered January 27, 2005. The judgment convicted defendant, upon a jury verdict, of aggravated unlicensed operation of a motor vehicle in the first degree and driving while ability impaired.
MULDOON GETZ, ROCHESTER (GARY MULDOON OF COUNSEL), FOR DEFENDANT-APPELLANT.
THOMAS E. MORAN, DISTRICT ATTORNEY, GENESEO (ERIC R. SCHIENER OF COUNSEL), FOR RESPONDENT.
Present — Centra, J.P., Peradotto, Carni, Green and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.
Same memorandum as in People v Houghtaling ( 87 AD3d 1302).