Ordered that the judgment is affirmed.
The defendant contends that the indictment charging him with violating Vehicle and Traffic Law §§ 1192 (2) and (3) violated the constitutional prohibition against double jeopardy. We disagree. It is clear that subdivisions (2) and (3) of Vehicle and Traffic Law § 1192 were intended to be separate crimes, neither mutually inclusive nor mutually exclusive. To suggest that the People should be compelled to elect between...
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