People v. Ferreira

OPINION OF THE COURT

Memorandum.

Order, insofar as appealed from, reversed on the law, upon re-argument, the branch of defendant’s motion seeking to dismiss the count of the information charging him with driving while ability impaired denied, information reinstated to the extent that it charged defendant with driving while ability impaired, and matter remanded to the court below for all further proceedings thereon.

Defendant was charged in an information with driving while intoxicated per se (Vehicle and Traffic Law § 1192 [2]), a misdemeanor, driving while intoxicated (Vehicle and Traffic Law §…