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PEOPLE v. MURPH

53 A.D.2d 702 (1976)

The People of the State of New York, Respondent, v. Richard I. Murph, Appellant

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

June 28, 1976

Judgment modified as to the sentence, on the law, by vacating the fine and the alternative jail sentence imposed under the first count of the indictment. As so modified, judgment affirmed.

A proper sentence upon conviction of operating a motor vehicle under the influence of alcohol is one which complies with the penalty provisions of the Penal Law (see Penal Law, § 55.00; People v Messinger, 35 N.Y.2d 987, affg

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