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PEOPLE v. BLOUNT

49 A.D.2d 911 (1975)

The People of the State of New York, Respondent, v. Joseph N. Blount, Appellant The People of the State of New York, Respondent, v. Johnnie W. Felton, Appellant The People of the State of New York, Respondent, v. James C. Cameron, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 14, 1975

Sentences reversed, on the law, and cases remanded to the County Court for resentencing in accordance herewith.

A proper sentence upon a conviction for operating a motor vehicle while under the influence of alcohol, as a felony, must be under sections 55.10, 60.01 and 70.00 of the Penal Law and not under the Vehicle and Traffic Law (see People v Messinger, 35 N.Y.2d 987, affg

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