People v. Vollick

Judgment modified on the law and as modified affirmed and matter remitted to Monroe County Court for further proceedings, in accordance with the following memorandum: Defendant was charged with two counts of operating a motor vehicle while under the influence of alcohol or drugs (Vehicle and Traffic Law § 1192 [2], [3]). Pursuant to CPL 200.60, the District Attorney filed a special information accusing defendant of having previously been convicted of a violation of Vehicle and Traffic Law § 1192 (3). Defendant waived a jury and was tried by the court. When arraigned on the special…