People v. Pregent

OPINION OF THE COURT

Langston C. McKinney, J.

Defendant stands charged with driving while intoxicated (DWI) (Vehicle and Traffic Law § 1192 [3]) and driving while ability impaired (DWAI) (Vehicle and Traffic Law § 1192 [1]) based upon an incident which allegedly occurred on November 20, 1987 in the City of Syracuse. Defendant has moved to dismiss, inter alia, on speedy trial grounds.

The facts are somewhat unusual. Defendant was initially *345arraigned on November 21, 1987 on a simplified traffic information charging him with DWAI. On January 19, 1988, some 59 days later, defendant’s attorney moved…