People v. Wise

OPINION OF THE COURT

Marvin E. Segal, J.

This motion to dismiss presents an issue of first impression. The issue here is whether the speedy trial statute (CPL 30.30) applies to a charge which has been amended from a misdemeanor to a traffic infraction. The defendant was arraigned on January 29, 1988 on the charge of operating a motor vehicle while under the influence of alcohol pursuant to Vehicle and Traffic Law § 1192 (3), an unclassified misdemeanor, which is *410the equivalent of an A misdemeanor. On June 17, 1988, the charge was amended to Vehicle and Traffic Law § 1192 (1), a traffic…