People v. Rose

OPINION OF THE COURT

Kenneth L. Gartner, J.

The defendant’s motion to dismiss the misdemeanor criminal charge against her of driving while ability impaired by drugs, requires this court to review an area in which there is a conflict between recent trial court opinions from the First Judicial Department, and trial court and appellate opinions from the Second and Third Judicial Departments.

A driving while impaired by drugs prosecution requires that the individual’s impairment be shown to have been caused by a drug specifically listed in the Public Health Law. Recent First Department courts have…