People v. Bachety

OPINION OF THE COURT

Eli H. Mellan, J.

The defendant moves to dismiss the misdemeanor charges under subdivision 3 of section 1192 of the Vehicle and Traffic Law on the grounds that among other evidence the Grand Jury heard all of the evidence giving rise to the within misdemeanor information and noted no true bill. The defendant advances a further ground for dismissal in the interest of justice under provisions of CPL 170.40.

The facts and circumstances which gave rise to the charge of driving while intoxicated in violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law resulted…