Judgment unanimously reversed on the law and new trial granted.
Memorandum:
The jury convicted defendant of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]) and aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3]). The arresting police officer testified that, when he arrived at the scene of the one-car accident, defendant, who was standing outside of the vehicle, proclaimed...
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