People v. McDermott

Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered April 22, 1981, which revoked deféndant’s probation and sentenced him to an indeterminate term of imprisonment not to exceed three years. On January 3,1980, defendant was charged in a two-count indictment with operating a vehicle while under the influence of alcohol in violation of subdivisions 2 and 3 of section 1192 of the Vehicle and Traffic Law, as a class E felony. Defendant ultimately pleaded guilty to one count in full satisfaction and was sentenced to a term of five years’ probation, the first 60 days…