Judgment insofar as it sentences defendant as a second felony offender unanimously reversed, on the law, and matter remitted to Oneida County Court for resentencing in accordance with memorandum, and otherwise judgment affirmed.
Memorandum:
Defendant was convicted of driving while intoxicated, his second conviction for that offense and, therefore, a felony (Vehicle and Traffic Law, § 1192, subd. 2). Having been convicted in 1965 of attempted arson, County...
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