Decision due on dismissal of Kennedy case in NY

Associated Press
This photo taken May 13, 2013 shows Kerry Kennedy listeing to a speaker at a farm workers fair labor practices news conference in Albany, N.Y.  A town judge in New York is deciding whether the drugged-driving case against Kennedy should go to trial. The North Castle judge is expected to rule Tuesday May 21, 2013, on Kennedy's motion to dismiss the charge. (AP Photo/Mike Groll, File)
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This photo taken May 13, 2013 shows Kerry Kennedy listeing to a speaker at a farm workers fair labor …

ARMONK, N.Y. (AP) — A town judge in New York is deciding whether the drugged-driving case against Kerry Kennedy should go to trial.

The North Castle judge is expected to rule Tuesday on Kennedy's motion to dismiss the charge.

Kennedy is the daughter of the late Sen. Robert F. Kennedy and the ex-wife of Gov. Andrew Cuomo. She was arrested in July after her Lexus swerved into a tractor-trailer near her home north of New York City.

Police said she failed sobriety tests.

A small amount of a sleeping drug was found in Kennedy's blood. She said she believes she accidentally took a sleeping pill that morning instead of thyroid medication.

The defense says fairness demands a dismissal. But prosecutors say dropping the charge would feed the perception that famous people are treated differently.

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