Opinion
No. 2011–2173KCR.
2013-06-4
The PEOPLE of the State of New York, Appellant, v. David ASHLEY, Respondent.
Present ALIOTTA, J.P., PESCE and RIOS, JJ.
Appeal from an order of the Criminal Court of the City of New York, Kings County (John H. Wilson, J.; op 32 Misc.3d 644 [2011] ), dated June 2, 2011. The order, insofar as appealed from, granted the branch of defendant's motion seeking to dismiss, in furtherance of justice, the counts of the accusatory instrument charging defendant with traffic infractions.
ORDERED that the order, insofar as appealed from, is reversed, on the law, the branch of defendant's motion seeking to dismiss, in furtherance of justice, the counts of the accusatory instrument charging defendant with traffic infractions is denied, those counts are reinstated, and the matter is remitted to the Criminal Court for all further proceedings.
For the reasons stated in People v. Graham (39 Misc.3d 35, 2013 N.Y. Slip Op 23103 [App. Term, 2d, 11th & 13th Jud Dists 2013] ), the order, insofar as appealed from ( see People v. Ashley, 32 Misc.3d 644 [2011] ), is reversed, the branch of defendant's motion seeking to dismiss, in furtherance of justice, the counts of the accusatory instrument charging defendant with traffic infractions is denied, those counts are reinstated, and the matter is remitted to the Criminal Court for all further proceedings.