People v. Jamison

OPINION OF THE COURT

Ann E. Pfeiffer, J.

Defendant was charged by simplified information with two *975counts of driving while intoxicated. At the conclusion of defendant’s trial, the People requested that the court charge the jury on driving while ability impaired as a lesser included offense of driving while intoxicated. The court gave the requested charge over defendant’s objection. The jury acquitted defendant of both counts of driving while intoxicated (hereafter DWI) and convicted him of the lesser included offense of driving while ability impaired (hereafter DWAI).

The People argue at…