People v. Gagne

OPINION OF THE COURT

Anthony F. Bonadio, J.

The question presented by defendant’s pretrial motion to dismiss two counts of this indictment (CPL 210.20) is whether a 33-year-old case, People v Pardee (202 Misc 238, affd 282 App Div 735, affd 306 NY 660) — in which the courts of this State held that, under Vehicle and Traffic Law former § 70 (now § 1192), an out-of-State conviction of driving under the influence of alcohol could not be used as the basis for a driving while intoxicated (DWI) felony indictment in New York — remains . the law in this State, or whether the subsequent repeal of…