People v. McDonnell

OPINION OF THE COURT

Memorandum.

Ordered that the order is reversed, on the law, the accusatory instruments are reinstated, and the matter is remitted to the Justice Court for further proceedings consistent with this decision.

Defendant was charged with aggravated driving while intoxicated (Vehicle and Traffic Law § 1192 [2-a]), driving while intoxicated (Vehicle and Traffic Law § 1192 [3]), and disorderly conduct (Penal Law § 240.20). The Vehicle and Traffic Law charges stemmed from defendant’s alleged operation of a motor vehicle, while she was intoxicated, in an apartment complex parking lot;…