Judgment unanimously modified on the law and as modified affirmed and matter remitted to Onondaga County Court for resentencing upon count three of the indictment in accordance with the following Memorandum: Defendant pleaded guilty to felony driving while intoxicated (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] [a]). Defendant failed to move...
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