Carpinello, J.
Indicted on two felony counts of driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2) and (3) and § 1193 (1) (c), defendant was found guilty as charged following a jury trial. Defendant's motion to set aside this verdict pursuant to CPL 330.30 on the ground that evidence of his blood alcohol content was improperly admitted into evidence was granted (4 Misc.3d 1002[A], 2004 NY Slip Op 50597[U]). The People now appeal...
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