People v. Litto

Ritter, J.E,

dissents and votes to reverse the order insofar as

appealed from, on the law, deny those branches of the defendant’s omnibus motion which were to dismiss counts two and six of the indictment, and reinstate those counts, with the following memorandum: I disagree with my colleagues that an “intoxicated condition” within the meaning of Vehicle and Traffic Law § 1192 (3) is limited to that caused by the consumption of alcohol. Rather, although the case law discussing and applying the subdivision has frequently involved the consumption of alcohol, such a limitation is not compelled by…