It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice and on the law by reversing that part convicting defendant of operation of a motor vehicle upon a public highway while drinking an alcoholic beverage and dismissing count four of the indictment and as modified the judgment is affirmed.
Memorandum:
Defendant appeals from a judgment convicting him, following...
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