It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the term of probation, and as modified the judgment is affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a nonjury verdict, of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs as a class D felony (Vehicle and Traffic Law §§ 1192[4-a]; 1193[1][c][ii-a]). We previously held this...
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