Judgment modified on the law and as modified affirmed and matter remitted to Monroe County Court for further proceedings, in accordance with the following memorandum: Defendant was charged with two counts of operating a motor vehicle while under the influence of alcohol or drugs (Vehicle and Traffic Law § 1192 [2], [3]). Pursuant to CPL 200.60, the District Attorney filed a special information accusing defendant of having previously been convicted of a violation of Vehicle...
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