SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
906
KA 10-02157
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MEMORANDUM AND ORDER
JEFFREY HOUGHTALING, DEFENDANT-APPELLANT.
(APPEAL NO. 2.)
MULDOON & GETZ, ROCHESTER (GARY MULDOON OF COUNSEL), FOR
DEFENDANT-APPELLANT.
THOMAS E. MORAN, DISTRICT ATTORNEY, GENESEO (ERIC R. SCHIENER OF
COUNSEL), FOR RESPONDENT.
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.
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 ([appeal No. 1] ___
AD3d ___ [Sept. 30, 2011]).
Entered: September 30, 2011 Patricia L. Morgan
Clerk of the Court