People v. Grennon

OPINION OF THE COURT

Memorandum.

Ordered that the judgment convicting defendant of driving while intoxicated is reversed, on the facts, the accusatory instrument is dismissed, and the fine, if paid, is remitted; and it is further, ordered that the judgment convicting defendant of speeding is affirmed.

The People charged defendant with aggravated driving while intoxicated per se (Vehicle and Traffic Law § 1192 [2-a]), common-law driving while intoxicated (Vehicle and Traffic Law § 1192 [3]), and speeding (Vehicle and Traffic Law § 1180 [d]). At the jury trial, a New York State trooper testified…