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THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff,<BR> v. <BR>ERIC LIGON, Defendant.

when the Legislature enacted the current CPL 30.10 it knew that each count was deemed separate from the remaining counts. Therefore, the court reasoned that by failing to provide in CPL 30.10 that the indictment is to be treated as a single whole, the Legislature made this general principle applicable to the statute of limitations. Applying this reasoning to the instant action, the Court will look at the individual charge of Vehicle and Traffic Law § 1192 (1) as a separate charge for statute of limitations purposes. Whereas more than one year has elapsed since the commission of the offense and the commencement of the action, the defendant's motion is granted. In any event, it should be noted that, pursuant to Vehicle and Traffic Law § 1192 (9), the defendant may be convicted of a violation of subdivision (1), (2) or (3) of this section, notwithstanding that the charge laid before the Court alleged a violation of subdivision (2) or (3) of this section.

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People v. Ligon
(Jul 9, 2001)