People v. Prescott

OPINION OF THE COURT

Scudder, J.

In this case of first impression in this State, the People appeal from an order of County Court that granted that part of defendant’s motion seeking to dismiss those counts of the indictment charging defendant with attempted driving while intoxicated per se (Penal Law § 110.00; Vehicle and Traffic Law § 1192 [2]), attempted driving while intoxicated (Penal Law § 110.00; Vehicle and Traffic Law § 1192 [3]) and attempted aggravated unlicensed operation of a motor vehicle in the first degree (Penal Law § 110.00; Vehicle and Traffic Law § 511 [3] [a]). The issue…