People v. Smith

Appeal from a judgment of the County Court of Chemung County, rendered September 14, 1973, upon a verdict convicting defendant of the crime of operating a motor vehicle while his license was revoked. Defendant was indicted by the Chemung County Grand Jury on charges of driving while intoxicated (a felony due to a prior conviction of .the same charge) and operating a motor vehicle while his license was revoked. Defendant was acquitted of the former charge but convicted of the latter, his motion for dismissal of the second count of the indictment at the close of the People’s case having been…