People v. Wolf

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously reversed on the law and simplified traffic information dismissed.

Defendant was arrested by a Metro-North police officer in the Town of Bedford on State Highway 35, and charged in a simplified traffic information with driving while impaired in violation of Vehicle and Traffic Law § 1192 (1), a traffic infraction defined as a petty offense under CPL 1.20 (39). On appeal, the defendant challenges his conviction on the sole ground that the Metro-North police officer appointed pursuant to CPL 1.20 (34) (p) was without authority to…