The defendant is charged with driving while intoxicated (V & TL §§1192(2), (3)) and four traffic violations and moves for omnibus relief.

The defendant's motion to dismiss counts one and two on sufficiency grounds is granted.

The factual allegations of the accusatory instruments charging the violations of V & TL §§1192(2) and (3) fail to specifically identify the defendant. The complainant trooper states that he assisted another trooper on a vehicle and traffic stop of two vehicles and then states, "Upon interview of the driver who was operating NY registration FTF6114 I detected a strong odor of alcoholic beverage coming from the vehicle. Subject was behind the wheel with the keys in the ignition and the lights and motor running. Upon exiting the vehicle I observed the driver to have watery blood shot eyes, slurred speech and a strong odor of alcoholic beverage on breath. After failure of SFST's the driver, who was identified by her NY driver's license was arrested for DWI and transported to SP Brentwood." No specific reference is made within those factual allegations to the name of the defendant; rather, the person in question is referred to merely as "the driver" or "the subject" and, although the trooper alleges that the driver was identified by means of "her" driver's license, the allegations do not state what identification was made. Furthermore, the Court notes that, with regard to the charge of violating V & TL §1192(2), although the information alleges that "she provided a positive breath sample of .17% BAC", the information fails to reference any documentary proof of a chemical test result. Upon issuance of the [*2]accompanying order, the Court shall furnish the defendant with notice pursuant to 22 NYCRR §200.40.

With regard to the remaining counts charged via simplified informations:

1, 5, 8)Discovery and inspection/ Bill of particulars -

Motions denied as inapplicable. (See CPL 240.20(1); 100.454)).

3, 4)Suppression -

Motions granted solely to the extent that Mapp/Dunaway/probable cause and Huntley and hearings shall be held immediately prior to trial.

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6)Rosario material -

Motion granted solely to the extent and in the manner set forth in CPL 240.44, .45.

7)Sandoval relief -

Motion granted to the extent that a hearing shall be held immediately prior to trial and the People shall furnish CPL 240.43 material immediately prior to such hearing.

9)Leave to make further motions -

Motion denied as improper. Should subsequent motions be deemed necessary, the defendant should so move the Court at that time.

January 16, 2013

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J.D.C. [*3]