People v. Freeland

— Casey, J.

Appeal from a judgment of the County Court of Tompkins County (Barrett, J.), rendered May 22, 1983, upon a verdict convicting defendant of two counts of the crime of operating a motor vehicle while under the influence of alcohol.

Defendant was convicted, after trial, of driving with a blood alcohol level of at least .10% (Vehicle and Traffic Law § 1192 [2]) and the lesser included offense of driving while ability impaired (Vehicle and Traffic Law § 1192 [1]) under the second count of the indictment, which charged defendant with driving while intoxicated (Vehicle and Traffic Law §…