*1 Defendant Kelly Rossi was charged with three misdemeanors: Resisting Arrest (Penal Law §205.30), Aggravated Driving While Intoxicated (Vehicle and Traffic Law §1192 [2-a] [a]), and Driving While Intoxicated (Vehicle and Traffic Law §1192 [3]). On January 3, 2013, this Court was presented with a “Memorandum of Plea Bargain,” noting that the Office of the District Attorney was “declin[ing] to prosecute” all three charges. The Memorandum of*2
Plea Bargain was signed by defendant, defendant’s counsel, and an Assistant District Attorney; the Memorandum of Plea Bargain did not set forth a reason for the proposed disposition. By Decision and Order dated January 3, 2013 the Court rejected the proposed plea disposition pursuant to Vehicle and Traffic Law §1192(10)(d) and People v. Douglass, 60 NY2d 194 (1983). The Court further noted that, during the pendency of this matter, it would entertain any motions filed pursuant to the Criminal Procedure Law. Defendant moved for the Court to reconsider its prior Decision and Order dated January 3, 2013. The Court denied the motion in all respects. The Court pointed out that the Legislature provided the only mechanisms for removal of a case from the local Criminal Court docket, via trial, a plea or in response to a motion made under the Criminal Procedure Law. The Court gave both parties an opportunity to make further written motions pursuant to the Criminal Procedure Law, but none were filed by defense counsel or the People. Thereafter, pursuant to CPL §320.10, after consultation with counsel and with a full understanding of her right and privilege to a jury trial, defendant waived her right to a trial by jury in open court on January 10, 2018. The matter was scheduled for a non-jury trial.In order to prove that the defendant is guilty of Aggravated Driving While Intoxicated (Vehicle and Traffic Law §1192[2-a][a]) the People must prove, from all of the evidence in the case beyond a reasonable doubt, both of the following two elements:1. That on or about November 20, 2012, in the Town of Stuyvesant, County of Columbia and State of New York, the defendant, Kelly A. Rossi, operated a motor vehicle; and2. That the defendant did so when she had.18 of one per centum or more by weight of alcohol in her blood as shown by chemical analysis of such person’s blood, breath, urine or saliva.NY CJI2d §1192(2-a)(a); VTL §1192(2-a)(a). A motor vehicle is a vehicle propelled by any power other than muscular power. VTL §125. To operate a motor vehicle means to drive it. NY CJI2d §1192(3).In order to prove that the defendant is guilty of Driving While Intoxicated (Vehicle and Traffic Law §1192[3]) the People must prove, from all of the evidence in the case beyond a reasonable doubt, both of the following two elements:
