People v. McConnell

OPINION OF THE COURT

Memorandum.

Order reversed on the law, the branch of defendant’s motion seeking to dismiss the accusatory instrument denied, accusatory instrument reinstated and matter remanded to the court below for a determination of the remaining branches of defendant’s motion and for all further proceedings.

Following what the Justice Court termed a near fatal accident, defendant was charged with common-law driving while intoxicated (Vehicle and Traffic Law § 1192 [3]). Thereafter, a second charge of driving while intoxicated based on a blood alcohol reading greater than .08 of one per…