People v. Maldonado

OPINION OF THE COURT

Victor M. Ort, J.

In People v Homero (172 Misc 2d 99) this court held that two prior misdemeanor convictions for driving while intoxicated (DWI) were sufficient to constitute a lawful predicate for a charge of driving while intoxicated as a class D felony. The motion before this court once again calls into question the Legislature’s intent when it recently enacted chapter 652 of the Laws of 1996 in relation to escalating the penalty for driving while intoxicated to a class D felony. Having waived indictment, defendant is charged by superior court information with the crime…