People v. Foster

OPINION OF THE COURT

Marvin E. Segal, J.

The defendant herein has made a motion to dismiss the simplified traffic information filed against him based, inter alia, on double jeopardy grounds.

At about 12:50 a.m. on March 30, 1986, defendant was given an appearance ticket for a "Parking Violation” returnable in the Hempstead Village Court. The box "No Parking Zone” was checked off on the ticket. Defendant pleaded guilty to same.

A simplified traffic information charging defendant with driving while intoxicated in violation of Vehicle and Traffic *428Law § 1192 (2), which is the basis of the instant…