People v. Alvarez

OPINION OF THE COURT

Faviola Soto, J.

This written decision amplifies on my decision of July 16, 1996, whereby defendant’s motion to dismiss was denied. The defendant is charged with operating a motor vehicle while under the influence of alcohol, in violation of Vehicle and Traffic Law § 1192 (2) and (3). Both the defendant and the People have submitted well-researched and argued papers, and the defendant has been ably represented by both his former Legal Aid counsel and his substituted private counsel.

PROCEDURAL HISTORY

On April 28, 1995, the defendant was arraigned before me on the above…