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PEOPLE v. PRESCOTT

263 A.D.2d 254 (2000)

704 N.Y.S.2d 410

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. NORTON U. PRESCOTT, 2D, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 16, 2000.

Attorney(s) appearing for the Case

John C. Tunney, District Attorney of Steuben County, Bath, for appellant.

Shults & Shults, Hornell (John D. Merry of counsel), for respondent.

GREEN, A. P. J., HURLBUTT and LAWTON, JJ., concur.

OPINION OF THE COURT

SCUDDER, J.

In this case of first impression in this State, the People appeal from an order of County Court that granted that part of defendant's motion seeking to dismiss those counts of the indictment charging defendant with attempted driving while intoxicated per se (Penal Law § 110.00; Vehicle and Traffic Law § 1192 [2]), attempted driving while intoxicated (Penal Law § 110.00; Vehicle and Traffic Law § 1192 ...

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