People v. Ebner

Judgment unanimously reversed on the law and indictment dismissed. Memorandum: Defendant argues that the court erred in amending the indictment, which alleged a single count of driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3). Prior to trial, the court granted the prosecutor’s motion to amend the indictment to add a count of driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2). The court dismissed the charge of violating Vehicle and Traffic Law § 1192 (3) and defendant was convicted of violating Vehicle and Traffic Law § 1192 (2).

Although…