Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered July 29, 2011. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a class E felony, failure to drive on right side of road, following too closely and resisting arrest.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by granting defendant's omnibus motion insofar as it sought dismissal of counts...
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