SPAIN, J.
Defendant pleaded guilty to one count of driving while intoxicated (hereinafter DWI) as a class E felony (see Vehicle and Traffic Law § 1192 [2]; § 1193 [1] [c] [i]) in satisfaction of an indictment charging him with two counts of DWI, and waived his right to appeal. The charges followed defendant's arrest near the scene of a vehicular accident in the City of Gloversville, Fulton County, and a toxicology test revealing that defendant had...
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