OPINION OF THE COURT
W. PATRICK FALVEY, J.
Defendant appeals from a Village of Penn Yan Justice Court conviction of aggravated driving while intoxicated (DWI) (Vehicle and Traffic Law § 1192 [2-a]) and common-law DWI (§ 1192 [3]), following jury trial. This appeal brings up the issue of the Confrontation Clause in view of Crawford v Washington (
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