Sentence modified, as a matter of discretion in the interest of justice, by deleting the provision for 90 days' incarceration. As so modified, sentence affirmed, and matter remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
Contrary to defendant's contention and the People's concession, a sentence of a $500 fine plus five years' probation and 90 days' incarceration for the class E felony of driving while intoxicated was...
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