People v. Pardee

The respondent was indicted for violation of subdivision 5 of section 70 of the Vehicle and Traffic Law as a felony, the indictment alleging that on March 4, 1950, he operated a motor vehicle in Westchester County while he was “ in an intoxicated condition ” and that such operation was after he had been convicted by a plea of guilty in Connecticut of the crime of operating a motor vehicle “while under the influence of intoxicating liquor”. On respondent’s motion the indictment was dismissed, on the ground that the felony indictment of respondent under subdivision 5 of section 70 of the…