—Appeal from a judgment of Monroe County Court (Bellini, J.), entered February 4, 2002, convicting defendant after a jury trial of felony driving while intoxicated (two counts).
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed and the matter is remitted to the Monroe County Court for proceedings pursuant, to CPL 460.50 (5).
Memorandum: On appeal from a judgment convicting him after a jury trial of two counts of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c] [ii]), defendant contends that reversal is required because County Court erred in instructing the jury with respect to the element of “operation” of a motor vehicle. We reject that contention. The test for determining the propriety of a jury instruction is “ ‘whether the jury, hearing the whole charge, would gather from its language the correct rules which should be applied’ ”