People v. Leis

The defendant appeals from a judgment convicting him of criminal negligence in the operation of a motor vehicle resulting in death (Penal Law, § 1053-a).

The indictment under which he was convicted contains only this one count. In other words, to point up the main problem before us, there was no count or charge of operating a motor vehicle while in an intoxicated condition under subdivision 5 of section 70 of the Vehicle and Traffic Law.

Subdivision 5 of section 70, which pertains to the operation of a motor vehicle or motor cycle while in an intoxicated condition, as in effect at the time in…