People v. Kaminiski

OPINION OF THE COURT

Harold Beeler, J.

Defendant herein, charged with driving while intoxicated in violation of subdivisions (2) and (3) of Vehicle and Traffic Law *1090§ 1192, moves as part of an omnibus motion for dismissal of the accusatory instrument on the ground that it is facially insufficient pursuant to CPL 170.30, 170.35 and 100.40.

The principal questions for resolution on this motion to dismiss are twofold: (1) whether the CPL 60.50 "confession corroboration rule” applies to the legal sufficiency standards for misdemeanor information set forth in CPL 100.40 (1) (c); and (2) assuming the…