OPINION OF THE COURT
THOMAS J. DiSALVO, J.
History of the Case
The defendant was originally charged with per se driving while intoxicated (Vehicle and Traffic Law § 1192 [2]) and common-law driving while intoxicated (Vehicle and Traffic Law § 1192 [3]). The defendant was found guilty on December 10, 2003, after a bench trial, of driving while ability impaired, in violation of Vehicle and...
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