Judgment, insofar as appealed from, unanimously reversed, on the law, sentence vacated and new trial granted.
Memorandum:
Defendant appeals from a judgment of conviction, after a jury trial, of the felony of driving with more than .10% of alcohol in his blood (Vehicle and Traffic Law § 1192 [2]). Defendant was also charged with a violation of Vehicle and Traffic Law § 1192 (3) (common-law driving while intoxicated). He was acquitted on this latter...
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