OPINION OF THE COURT
DANIEL K. LALOR, J.
Defendant is charged with two counts of vehicular assault in the second degree as a class E felony in violation of Penal Law § 120.03, and two counts of operating a motor vehicle while under the influence of alcohol as a misdemeanor in violation of Vehicle and Traffic Law § 1192, one count in each case being based upon blood alcohol content allegedly in excess...
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