People v. Hasenflue

OPINION OF THE COURT

Dan Lamont, J.

The indictment charges the defendant with assault in the second degree in violation of Penal Law § 120.05 (2), a class D felony; criminal mischief in the third degree in violation of Penal Law § 145.05, a class E felony; resisting arrest in viola*767tion of Penal Law § 205.30, a class A misdemeanor; and operating a motor vehicle while under the influence of alcohol in violation of Vehicle and Traffic Law § 1192 (3), an unclassified misdemeanor. The charges are that the defendant on or about January 15, 1995 at approximately 4:00 p.m. did operate a blue Chevrolet…