It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law, a new trial is granted on counts two and three of the indictment, and count one of the indictment is dismissed without prejudice to the People to file any appropriate charge under that count.
Memorandum:
On appeal from a judgment convicting him following a jury trial of, inter alia, the lesser included offense of driving while ability impaired...
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