People v. Richlin

Defendant, who has been indicted on two counts of operating a motor vehicle while in an intoxicated condition, as a felony, mpves to dismiss the second count of the *907indictment on the grounds that it is duplicitous in that it fails to conform to the requirements of CPL 200.30.

That section provides as follows:

“ § 200.30 Indictment; duplicitous counts prohibited.

“ 1. Each count of an indictment may charge one offense only.

“ 2. For purpose of this section, a statutory provision which defines the offense named in the title thereof by providing, in different subdivisions or paragraphs, different…