Judgment unanimously reversed on the law, plea vacated and matter remitted to Ontario County Court for further proceedings on indictment.
Memorandum:
Pursuant to a plea agreement, defendant pleaded guilty to an indictment charging him with driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]) and aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3]). He...
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