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PEOPLE v. McDONALD

27 A.D.3d 949 (2006)

811 N.Y.S.2d 492

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LANCE W. McDONALD, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 23, 2006.

Rose, J.

At his trial on a charge of driving while intoxicated, defendant admitted to the consumption of alcohol but challenged the arresting officer's testimony regarding the specific amount that defendant had admitted to at the time of arrest. On this appeal of his conviction of the lesser included offense of driving while ability impaired, defendant argues only that the evidence was legally insufficient.

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