Defendant was charged in a one-count indictment with driving while intoxicated, a felony, in violation of Vehicle and Traffic Law § 1192 (2). Defendant had been previously convicted of driving while intoxicated within 10 years and had waived his statutory right to have the prior conviction (which was charged in a separate information) proven at trial and admitted the conviction outside the presence of the jury (CPL 200.60). After trial...
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