People v. Buren

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the order of the Genesee County Court reinstated.

A Grand Jury indicted defendant Van Burén for, among other things, the felony of driving while intoxicated (see, Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]). A person who drives while intoxicated or alcohol-impaired and who has been previously convicted of driving while intoxicated or alcohol-impaired within the preceding 10 years "shall be guilty of a class E felony” (Vehicle and Traffic Law § 1193 [1] [c]). The only evidence submitted by the…