People v. Pesantes

OPINION OF THE COURT

Ellen M. Coin, J.

Defendant is charged with two counts of operating a motor *677vehicle while intoxicated (in violation of Vehicle and Traffic Law § 1192 [2], [3]), one count of operating a motor vehicle after having consumed alcohol while under the age of 21 (in violation of Vehicle and Traffic Law § 1192-a), one count of operating a motor vehicle while impaired (in violation of Vehicle and Traffic Law § 1192 [1]), and one count of unlicensed driving (in violation of Vehicle and Traffic Law § 509 [1]). He moves, inter alia, for an order dismissing the count charging operating…