People v. Briggs

In my view the trial court erred as a matter of law in refusing defendant’s request to charge DWAI (Vehicle and Traffic Law, § 1192, subd 1), as a lesser included offense of the count in the indictment charging defendant with a violation of subdivision 2 of section 1192 of the Vehicle and Traffic Law (operating a motor vehicle while having .10 of *1018one per centum or more by weight of alcohol in his blood). In assessing this case as one presenting a “take it or leave it situation in which there was no evidentiary basis for a compromise finding” the majority follow the dissenters in People v…