Judgment modified, on the law, by vacating the sentence imposed upon the conviction for operating a motor vehicle while under the influence of alcohol, as a felony, and case remanded to the County Court for resentencing upon the aforesaid conviction in accordance herewith and for further proceedings in accordance with CPL 460.50 (subd 5). As so modified, judgment affirmed.
The facts have been considered and are determined to have been established. A proper sentence...
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