People v. Montone

This is a motion to dismiss a simplified traffic information, charging the defendant with the traffic infraction of operating a motor vehicle while under the influence of alcohol. (Vehicle and Traffic Law, § 1192, subd 1.) The defendant in actuality is moving pursuant to CPL 170.30 (subd 1, par [c]) alleging the instant prosecution is barred by double or former jeopardy (CPL 40.20). He also seeks relief pursuant to the relevant provisions of CPL 40.40.

Allegedly, the defendant was operating a motor vehicle, westerly on Jericho Turnpike, within the Village of Floral Park on the evening of…