OPINION OF THE COURT
TERRENCE C. BROWN-STEINER, J.
The matter before this court is the defendant's CPL 440.10 motion to vacate a prior plea of guilty to driving while intoxicated (Vehicle and Traffic Law § 1192 [3]). For the reasons set forth herein, the defendant's motion is granted, the guilty plea vacated, and the matter restored to the trial calendar for further proceedings.
Facts and Posture of the Case
On August 5, 2012 the defendant...
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