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PEOPLE v. WASHINGTON

49 A.D.2d 914 (1975)

The People of the State of New York, Respondent, v. Samuel Washington, Appellant

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

October 14, 1975

Judgment affirmed as to the conviction; judgment reversed as to the sentence, on the law, and case remanded to the County Court for resentencing.

The proper sentence to be imposed upon a conviction for driving while intoxicated, as a felony, is to be found in sections 55.10, 60.01 and 70.00 of the Penal Law and not in section 1192 of the Vehicle and Traffic Law (see People v Messinger, 35 N.Y.2d 987, affg

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