Judgment unanimously reversed on the law and indictment dismissed.
Memorandum:
Defendant argues that the court erred in amending the indictment, which alleged a single count of driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3). Prior to trial, the court granted the prosecutor's motion to amend the indictment to add a count of driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2). The court dismissed...
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