Court of Appeals of New York

In a prosecution for driving while intoxicated as a felony, the appellate division's order reversing the trial court's denial of defendant's motion to suppress his prior conviction is affirmed where Vehicle and Traffic Law section 1192(8) did not allow an out-of-state conviction occurring prior to November 1, 2006 to be considered for purposes of elevating a charge of driving while intoxicated from a misdemeanor to a felony.

Appellate Information

• Decided 06/10/2010
• Published 06/10/2010

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Court

• Court of Appeals of New York

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