People v. McDonough

This is an appeal from an order of the County Court, Rensselaer County, granting respondent’s motion to dismiss an indictment charging him with violation of subdivisions 2 and 3 of section 1192 of the Vehicle and Traffic Law.

On June 1,1971 respondent was indicted in a two-count indictment, the first count charging him with the crime of operating a motor vehicle while in an intoxicated condition in violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law and the second count charging him with operating a motor vehicle under the influence of alcohol in violation of subdivision…