People v. Harris

OPINION OF THE COURT

Frank P. Geraci, Jr., J.

The defendant appeals from a judgment entered on November 13, 2006 in Rochester City Court (Morse, J.), whereby he was convicted of misdemeanor driving while ability impaired (DWAI) (Vehicle and Traffic Law § 1192 [1]; § 1193 [1] [a]) and sentenced to serve a term of three years’ probation and to pay a fine of $500. The question presented upon this appeal is whether the defendant, originally charged by a simplified traffic information with misdemeanor driving while intoxicated (Vehicle and Traffic Law § 1192 [3]), and thereafter, following a bench…