People v. Ditcher

OPINION OF THE COURT

Larry M. Himelein, J.

On or about April 26, 2003, defendant was arrested and charged with driving while intoxicated (DWI) as a felony in the *273Village of Allegany. No preliminary hearing was held and defendant did not waive the case to the grand jury.

On May 31, 2003, defendant was arrested and charged with murder in the second degree in the Town of Great Valley. He allegedly shot and killed his brother. After a preliminary hearing on June 4, 2003, Town Court held defendant for grand jury action.

On or about June 30, 2003, defendant served a notice on the District Attorney that…