People v. Green

OPINION OF THE COURT

Chief Judge Kaye.

Defendant was arrested and charged in a misdemeanor information with driving while intoxicated. At trial before the Justice Court for the Town of East Hampton, the court also charged the jury on the lesser-included offense of driving while impaired. The jury acquitted defendant of driving while intoxicated but failed to reach a verdict on the lesser charge. The court then declared a mistrial as to that charge.

The People sought to retry defendant on the lesser charge and filed a new information charging him with driving while impaired. Defendant objected to…