People v. Ferrara (Steven)

The People of the State of New York, Respondent,

against

Steven Ferrara, Appellant.

Appeal from a judgment of the City Court of Newburgh, Orange County (E. Loren Williams, J.), rendered January 22, 2015. The judgment convicted defendant, after a nonjury trial, of common-law driving while intoxicated.

ORDERED that the judgment of conviction is modified, on the law, by reducing defendant's conviction of common-law driving while intoxicated to driving while ability impaired and vacating the sentence imposed, and the fine and surcharge, if paid, are remitted; as so modified, the judgment of…