People v. Swan

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for resentencing in accordance with the following Memorandum: Defendant appeals from a judgment convicting him after a jury trial of driving while ability impaired (Vehicle and Traffic Law § 1192 [1]; § 1193 [1] [a]), aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3] [a]) and driving left of pavement markings (Vehicle and Traffic Law § 1126 [a]). Supreme Court properly denied defendant’s motion to suppress statements that defendant…