Defendant was convicted, after trial, of driving with a blood alcohol level of at least .10% (Vehicle and Traffic Law § 1192 [2]) and the lesser included offense of driving while ability impaired (Vehicle and Traffic Law § 1192 [1]) under the second count of the indictment, which charged defendant with driving while intoxicated (Vehicle and Traffic Law § 1192 [3]). By virtue of a prior conviction on October 1, 1975, the crime...
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