People v. Wilkins (Richard)

The People of the State of New York, Respondent,

against

Richard Wilkins, Appellant.

Appeal from a judgment of the City Court of Rye, Westchester County (Joseph L. Latwin, J.), rendered January 7, 2014. The judgment convicted defendant, upon a jury verdict, of driving while intoxicated (common law).

ORDERED that the judgment of conviction is reversed, on the law, and the matter is remitted to the City Court for a new trial on the charge of driving while intoxicated (common law).

Defendant was charged in a single accusatory instrument with aggravated driving while intoxicated per se (Vehicle and…