It is hereby ordered that the judgment so appealed from is unanimously affirmed and the matter is remitted to Cattaraugus County Court for proceedings pursuant to CPL 460.50 (5).
Memorandum: Defendant was convicted following a jury trial of, inter alia, felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [ii]) and criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [1]). Defendant does not...
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