People v. Gertz

*316OPINION OF THE COURT

Memorandum.

Judgment of conviction for driving while intoxicated reversed on the law and facts, and said accusatory instrument dismissed.

Judgment of conviction for driving while ability impaired affirmed.

Contrary to the People’s argument, defendant’s motion to dismiss properly preserved the issue regarding the legal sufficiency of the evidence establishing defendant’s guilt of driving while intoxicated for appellate review. In order to prove a violation of Vehicle and Traffic Law § 1192 (2), the chemical analysis must be accomplished pursuant to section 1194 of the Vehicle…