OPINION OF THE COURT
FRANK P. GERACI, Jr., J.
The defendant appeals from a judgment entered on November 13, 2006 in Rochester City Court (Morse, J.), whereby he was convicted of misdemeanor driving while ability impaired (DWAI) (Vehicle and Traffic Law § 1192 [1]; § 1193 [1] [a]) and sentenced to serve a term of three years' probation and to pay a fine of $500. The question presented upon this appeal is whether the defendant, originally charged...
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