Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by reversing the defendant's conviction for aggravated unlicensed operation of a motor vehicle in the first degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant was indicted on charges of driving while intoxicated (Vehicle and Traffic Law § 1192 [3]), driving...
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