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PEOPLE v. DOLLINGER

2013-05791

128 A.D.3d 1085 (2015)

9 N.Y.S.3d 635

2015 NY Slip Op 04503

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE W. DOLLINGER, Appellant.

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

Decided May 27, 2015.

Appeal by the defendant from a judgment of the County Court, Putnam County (Reitz, J.), rendered May 9, 2013, convicting him of driving while intoxicated as a felony in violation of Vehicle and Traffic Law § 1192 (3), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Putnam County, for resentencing...

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