People v. Briggs

OPINION OF THE COURT

John V. Aylward, J.

The defendant has made a motion to dismiss the indictment on several grounds.

SPECIAL INFORMATION

The District Attorney failed to file a special information with the filing of the indictment of this defendant on the charge of driving while intoxicated as a felony. Subsequent to the making of the motion the District Attorney has filed the special information and served it upon defense counsel.

While the statute, CPL 200.60 (subd 2), reads the special information must accompany the indictment, it appears that time is not of the essence in this matter, that is…