People v. Cooper

OPINION OF THE COURT

Ciparick, J.

On July 24, 1992, the People filed a misdemeanor complaint in Criminal Court charging defendant with two counts of driving while intoxicated (see, Vehicle and Traffic Law § 1192 [2]; § 1192 [3]). Upon learning from defendant’s criminal history report that he had been convicted in 1985 for driving while intoxicated, the People served notice on defendant at his arraignment of their intention to submit felony charges to a Grand Jury (see, CPL 170.20). The People subsequently replaced the misdemeanor complaint with an instrument charging defendant with two felony…