People v. Chandler

Summary

The court held that the accusatory instruments charging Gregory W. Chandler with common-law and per se driving while intoxicated were facially insufficient. The instruments failed to allege nonhearsay facts establishing that Chandler operated the vehicle, and the court declined to consider alleged admissions referenced only in a CPL 710.30 notice. The court granted the defendant's motions to dismiss under CPL §§ 170.3(1)(a), 100.40(1), and 100.15.

Holdings

1. An accusatory instrument charging common-law driving while intoxicated is facially insufficient when it merely alleges that the defendant was near the vehicle and provides no non-conclusory facts showing that the defendant operated the vehicle.
2. A CPL 710.30 notice is not an accusatory instrument or supporting deposition and may not be used to supply missing factual allegations or establish facial sufficiency.
3. A per se driving-while-intoxicated charge is facially insufficient when the accusatory instruments establish an alcohol concentration above the statutory threshold but fail to allege non-hearsay facts establishing that the defendant operated the vehicle.

Questions Presented

1. Whether the accusatory instruments sufficiently alleged the operation element of common-law driving while intoxicated under VTL 1192 (3).
2. Whether the accusatory instruments sufficiently alleged vehicle operation for per se driving while intoxicated under VTL 1192 (2), despite the reported .16% breath-test result.
3. Whether alleged admissions referenced only in a CPL 710.30 notice could be considered in determining the facial sufficiency of the accusatory instruments.

Disposition

dismissed