People v. Farmer

In People v. Farmer (36 N.Y.2d 386 [1975]), the Court of Appeals held that a simplified traffic information that charged a violation of subdivision (3) of Vehicle and Traffic Law 1192 gave sufficient notice to a defendant that he could be convicted under subdivisions (1) and (2) of the same statute. In so doing, the Court found that "subdivisions 1, 2 and 3 of section 1192 proscribe separable offenses based upon the degree of impairment caused by alcohol ingestion." Id. at 390.) The Court added that the three subdivisions "closely overlap and are but species of the generic offense of 'Operating a motor vehicle while under the influence of alcohol' " (id.).