Judgment, insofar as it sentences defendant as a second felony offender, unanimously reversed, on the law, and defendant remanded to Cayuga County Court for resentencing in accordance with memorandum, and, otherwise, judgment affirmed.
Memorandum:
Following his pleas of guilty to three counts of driving while intoxicated defendant received three concurrent sentences of two to four years' imprisonment as a second felony offender (Penal Law, § 70.06). Defendant...
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