People v Houghtaling
2011 NY Slip Op 06697 [87 AD3d 1303]
September 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2011


The People of the State of New York, Respondent, v Jeffrey Houghtaling, Appellant. (Appeal No. 2.)

—[*1] 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 (87 AD3d 1302 [2011]). Present—Centra, J.P., Peradotto, Carni, Green and Gorski, JJ.