People v. Flanagan

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of operating a motor vehicle while his ability to operate the vehicle was impaired by alcohol (Vehicle and Traffic Law § 1192 [1]), criminal impersonation in the second degree (Penal Law § 190.25 [1]) and aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3]). Defendant contends that County Court’s missing witness charge was ambiguous and misleading. Because defendant did not object to the charge, his contention is unpreserved for our review (see, CPL…