People v. Payne (Aubrey)

The People of the State of New York, Respondent,

against

Aubrey Payne, Appellant.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (ShawnDya L. Simpson, J.), rendered September 9, 2013. The judgment convicted defendant, upon a jury verdict, of driving while intoxicated (per se), driving while intoxicated (common law), driving while ability impaired, reckless driving, and unsafe lane change.

ORDERED that the judgment of conviction is modified, on the law and as a matter of discretion in the interest of justice, by vacating the conviction of driving while ability…