Order insofar as appealed from unanimously reversed, without costs of this appeal to either party and motion denied, without costs.
Memorandum:
(1) While the allegation that the defendant had pleaded guilty to a charge of driving while intoxicated, in violation of subdivision 5 of section 70 of the Vehicle and Traffic Law was evidentiary in character, it was not irrelevant or prejudicial and therefore should not have been stricken out upon a motion under rule...
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