Lathinen, J.
Defendant was arrested in February 2003 and again in June 2003 for driving while intoxicated in Ulster County. He had two prior convictions for that crime in the previous 10 years and, accordingly, the two indictments from the 2003 incidents charged him with three counts (two from February and one from June) of driving while intoxicated as a class D felony (see Vehicle and Traffic Law § 1193 [1] [c] [ii]). Each indictment also included a count...
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