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PEOPLE v. O'BRIEN

190 A.D.2d 1097 (1993)

The People of the State of New York, Respondent, v. Timothy O'Brien, Appellant. (Appeal No. 1.)

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

February 5, 1993

Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: The People candidly concede that defendant's sentence of one year's incarceration and five years' probation for his conviction of two counts of felony driving while intoxicated was illegal (see, Penal Law § 60.01 [2] [d]; § 65.00; see also, People v Curkendall, 141 A.D.2d 891; People v McIntyre...

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