It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by reducing the conviction of driving while intoxicated as a class D felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [former (ii)]) to driving while intoxicated as a class E felony (§ 1192 [3]; § 1193 [1] [c] [former (i)]) and vacating the sentence imposed on the first count of the indictment and...
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