People v. Brown (Andrew)

The People of the State of New York, Respondent,

against

Andrew Brown, Appellant.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Gilbert C. Hong, J.), rendered January 24, 2012. The judgment convicted defendant, after a nonjury trial, of driving while ability impaired.

ORDERED that the judgment of conviction is reversed, on the law and as a matter of discretion in the interest of justice, the accusatory instrument is dismissed, and the fine, if paid, is remitted.

On September 21, 2008, defendant was charged with driving while intoxicated (common law) (Vehicle…