Ordered that the judgment is affirmed, and the case is remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).
The defendant argues that the verdict finding him guilty of operating a motor vehicle under the influence of alcohol was against the weight of the evidence, further contending that the People presented only circumstantial evidence that he in fact was the operator of the vehicle, while he presented direct evidence...
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