People v. Hoag

OPINION OF THE COURT

Meyer, J.

Driving while ability is impaired (DWAI) (Vehicle and Traffic Law, § 1192, subd 1) is a lesser included offense of the charge of driving while intoxicated (DWI) (Vehicle and Traffic Law, § 1192, subd 3). Though under CPL 360.50 (subd 2) the Judge trying the information is given discretion whether he will submit to the jury as an alternative a lesser included offense, a Trial Judge, who declines to submit DWAI as a lesser included offense to DWI on the ground that there is no reasonable view of the evidence that would support a finding that defendant committed the…