New York Court of Appeals July 6, 2000 (People v. Cunningham)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be modified by vacating the conviction for driving while intoxicated and remitting to City Court for further proceedings in accordance with this memorandum, and, as so modified, affirmed.

Defendant was convicted after a bench trial of violating Vehicle and Traffic Law § 1192 (3) and § 1194 (1) (b).