People v. Garcia

OPINION OF THE COURT

Troy K. Webber, J.

The defendant, Hector Garcia, was arraigned on August 1, 1994 upon a felony complaint charging him with aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3] [a] [ii]), a class E felony. On August 16, 1994, the felony charge was reduced to aggravated unlicensed operation of a motor vehicle in the second degree (Vehicle and Traffic Law § 511 [2] [a] [iv]).

The defendant now moves for an order pursuant to CPL 170.30 (1) (e) and 30.30 dismissing the accusatory instrument on the ground that the accusatory…