Judgment affirmed.
Memorandum:
On this appeal from a judgment of conviction of a felony for operating a motor vehicle with .10 of one per centum or more by weight of alcohol in his blood as a felony (Vehicle and Traffic Law, § 1192, subds 2, 5) defendant contends that the trial court erred in refusing to charge driving while ability is impaired (DWAI) (see Vehicle and Traffic Law, § 1192, subd 1; § 1195, subd 2, pars [b], [c]) as a lesser included...
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