OPINION OF THE COURT
JOHN L. DeMARCO, J.
This matter was tried to the court in a bench trial. The defendant is charged with driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2) and (3). The following facts were adduced at trial. On July 10, 2004, at about 1:47 a.m., the defendant was stopped at a sobriety checkpoint on Empire Boulevard in Irondequoit. Officer Lape, the investigating...
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