People v. Tracey

*850OPINION OF THE COURT

Dennis S. Cohen, J.

Defendant is charged, by indictment No. 2009-017, with driving while intoxicated and crossing hazardous markings (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]; § 1128 [d]).

On June 8, 2009, defendant filed with the court an omnibus motion. Defendant moves for dismissal of the indictment in the furtherance of justice (CPL 210.40). Defendant also refers to Criminal Procedure Law § 210.20 (1) (a) and (b). Therefore, the court presumes defendant is also moving to dismiss the indictment on the grounds that the indictment is defective and the evidence…