PEOPLE v. FRIEARY


144 A.D.2d 382 (1988)

The People of the State of New York, Respondent, v. George F. Frieary, Jr., Appellant

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

November 7, 1988


Ordered that the judgment is modified, on the law, by reducing the defendant's convictions of driving while intoxicated as a felony to convictions of driving while intoxicated as a misdemeanor, vacating the sentences imposed, and remitting the matter to the Supreme Court, Westchester County, for resentencing on those counts.

On September 9, 1982, the defendant was stopped by a police officer as he was driving erratically on Route 684 in the Town of Bedford, New York...

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