People v. Messinger

This is an appeal from a judgment of the County Court of Schuyler County, rendered February 23, 1973, convicting defendant, upon his plea of guilty, of driving while intoxicated and sentencing him to an indeterminate term not to exceed three years in the custody of the State Department of Correctional Services.

The facts are not in dispute. Defendant was arrested for the crime of operating a motor vehicle while in an intoxicated condition on December 7, 1972, and, having a prior conviction for such an offense, he „was thereafter properly indicted by the Grand Jury for the crime as a felony. He…