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People v. Lekram

DWI Count Facially Insufficient as Essential Element of 'Operation' Not Established

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DECISION AND ORDER

*1 The defendant is charged by Superseding Misdemeanor Information with one (1) count of Driving While Intoxicated, in violation of VTL §1192(3); one (1) count of Circumvention of an Interlock Device in violation of VTL §1198(9)(d); and one (1) count of Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree, in violation of VTL §511(2).Defendant now moves for an order 1) dismissing the accusatory instrument on the ground of facial insufficiency; 2) suppressing physical evidence on the grounds that such evidence was unlawfully seized, or in the alternative, granting a Mapp/Dunaway hearing to determine the admissibility of tangible evidence; 3) suppressing evidence of any statements to police, or in the alternative a Huntley hearing to determine the admissibility of statements made to the police; 4) precluding the People from introducing at trial evidence of his prior criminal convictions, any underlying bad acts, and all prior uncharged criminal, or wrongful conduct; 5) for the disclosure of “Brady” material; 6) directing the People to provide the defendant with any discovery that he is entitled to; 7) granting him the right to make additional pretrial motions.

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