Opinion
April 25, 1983
Appeal from the District Court of Suffolk County, DONALD L. AUPERIN, J.
Burton Burton for appellant.
Patrick Henry, District Attorney ( Ronald E. Lipetz of counsel), for respondent.
MEMORANDUM.
Judgment of conviction affirmed.
In our opinion, the lower court did not err when, without advising the People or defense counsel that it was considering any lesser included offense to the charge of violating subdivision 3 of section 1192 Veh. Traf. of the Vehicle and Traffic Law, and without any request to do so, it found defendant guilty of violating subdivision 1 thereof (see Vehicle and Traffic Law, § 1196, subd 1; People v Farmer, 36 N.Y.2d 386).
FARLEY, P.J., DIPAOLA and WIDLITZ, JJ., concur.