People v. Boettcher

*178OPINION OF THE COURT

Chief Judge Wachtler.

The issue presented on this appeal is the nature of the transition instruction, which guides the jury in its consideration of lesser included offenses, to which a defendant is entitled upon request.

At the defendant’s trial on an indictment charging him with operating a motor vehicle while intoxicated as a felony in violation of Vehicle and Traffic Law § 1192 (3) and (5), the People demonstrated that a police officer assigned to a special "Stop DWI” program saw the defendant driving a vehicle leaving a "park and ride” area adjacent to an exit of the…