People v. Farley

OPINION OF THE COURT

John A. Carroll, J.

The defendant is charged with violating Vehicle and Traffic Law § 511 (2). He now moves to dismiss the accusatory instrument on the ground that it is insufficient as a matter of law (CPL 170.30, 170.35, 100.40 [1]).

In response to the motion the People contend that the accusatory instrument herein is a "simplified traffic information” rather than a regular information, and hence, its sufficiency is to be determined pursuant to CPL 100.40 (2), rather than CPL 100.40 (1). In support of this position the People cite the recently decided case of People v…