Per Curiam
Prosecutors appealed from a Criminal Court order granting Graham’s motion for dismissal of the accusatory instrument charging him with traffic infractions, in the furtherance of justice. Graham was charged with driving while intoxicated, among other things, and moved for dismissal on statutory speedy trial grounds. The court granted dismissal of the DWI and public consumption of alcohol counts, but the remaining traffic infractions remained as the court held Criminal Procedure Law §30.30 did not apply to them. However, the court then stated as §30.30(5) revealed no exception permitting the traffic infractions to remain after the misdemeanor charges were dismissed, prosecutors were bound by the 90 day time limitation of the higher charge. The unanimous panel found the criminal court abused its discretion in granting dismissal of the remaining counts on the accusatory instrument in furtherance of justice, stating the instant case was not one of the rare cases of which such authority should be utilized. It stated as §30.30 did not apply to traffic infractions, the criminal court erred in granting Graham’s motion seeking dismissal. Thus, the panel reversed, and reinstated those counts, remitting the matter to the criminal court.
