OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Term should be reversed and the matter remitted to that court for further review pursuant to CPL 470.25 (2) (d) and CPL 470.40 (2) (b).
The only issue on this appeal by the People is whether the evidence sufficed to support the conviction of defendant, beyond a reasonable doubt, of operation of a motor vehicle while his ability was impaired by his consumption of alcohol (Vehicle and Traffic...
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