Defendant was charged in a one-count indictment returned by the Grand Jury with the crime of operating a motor vehicle while under the influence of alcohol, a felony, in violation of Vehicle and Traffic Law § 1192 (3). He was tried before a jury and found guilty as charged. County Court thereafter imposed a sentence of 1 1/3 to 4 years' imprisonment, a $500 fine and a $10 surcharge.
On appeal defendant contends that County Court...
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