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Originally published Tuesday, January 15, 2013 at 2:50 PM

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Kerry Kennedy lawyer wants NY driving case tossed

An attorney for Kerry Kennedy, ex-wife of Gov. Andrew Cuomo, said Tuesday that he will file a motion to dismiss the drugged driving charge against her.

Associated Press

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ARMONK, N.Y. —

An attorney for Kerry Kennedy, ex-wife of Gov. Andrew Cuomo, said Tuesday that he will file a motion to dismiss the drugged driving charge against her.

Kennedy, daughter of Sen. Robert F. Kennedy and niece of President John F. Kennedy, appeared in North Castle Town Court for a conference that lasted about two minutes.

The judge set a schedule for various court filings, including a March 1 deadline for defense motions.

Outside court, defense attorney Gerald Lefcourt said, "We're making a motion to dismiss."

Kennedy did not speak in court or to reporters outside.

Kennedy was arrested July 13 after police said her Lexus swerved into a tractor-trailer on Interstate 684 in North Castle. Police said she failed sobriety tests and was slurring her speech.

Tests found a small amount of a sleeping drug in Kennedy's blood. She says she believes she accidentally took a sleeping pill instead of her thyroid medication. No trace of alcohol was found.

Kennedy has pleaded not guilty.

Another defense attorney, William Aronwald, said Monday that Kennedy would never accept a plea bargain.

"Unless the district attorney's office decides to withdraw the charges, then the only way the case will be resolved is with a trial," Aronwald said.

The driver of the tractor-trailer pleaded guilty in November to a traffic infraction and was fined $130.

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