It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Erie County Court for resentencing.
Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of driving while intoxicated (Vehicle and Traffic Law § 1192 [3]), offering a false instrument for filing in the second degree (Penal Law § 175.30),...
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