Appellate Terms of the Supreme Court of New York October 31, 1997 (People v. Malone)

OPINION OF THE COURT

Memorandum.

Order unanimously reversed on the law, accusatory instruments charging defendant with violating Vehicle and Traffic Law § 1192 (2) and (3) reinstated and matter remanded to the court below for further proceedings.

In the case at bar, defendant had been charged with, among other things, the violation of Vehicle and Traffic Law § 1192 (2) and (3).