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PEOPLE v. MOORE

212 A.D.2d 1062 (1995)

623 N.Y.S.2d 42

The People of the State of New York, Respondent, v. Leon L. Moore, Appellant

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

February 3, 1995

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oswego County Court for resentencing in accordance with the following Memorandum:

Defendant pleaded guilty to one count of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]) and thus was subject to punishment of a fine, a period of imprisonment, or both (see, Vehicle and Traffic Law § 1193 [1] [c]). County Court's statement that there was a...

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