People v. Merly

OPINION OF THE COURT

Richard Lee Price, J.

Background and Procedural Posture

By indictment filed on December 24, 2014, defendant was charged with driving while intoxicated (Vehicle and Traffic Law § 1192 [3]), as a class E felony, aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3] [a] [i]), and other related charges.

By decision and order dated May 13, 2015, this court rendered a decision on defendant’s omnibus motion, in which it denied defendant’s application to dismiss or reduce the indictment, and ordered a combined pretrial…