People v. Burke

.Gerard D ’Emilio, J.

Defendant has moved to dismiss the information on ¡the .grounds that the current charge of possession of a controlled substance in the sixth degree should have been joined under OPL ,200.20' with an earlier charge for driving while intoxicated which the ¡defendant pled guilty to on ¡March 8, 1974. The charge of driving while intoxicated and the current charge are allegedly related because the controlled .substance *47was seized at the same time as the defendant was apprehended for driving while intoxicated. The defendant also argues that the court, in its discretion, should…