People v. Tyler

Judgment insofar as it sentences defendant as a second felony offender unanimously reversed, on the law, and matter remitted to Oneida County Court for resentencing in accordance with memorandum, and otherwise judgment" affirmed. Memorandum: Defendant was convicted of driving while intoxicated, his second conviction for that offense and, therefore, a felony (Vehicle and Traffic Law, § 1192, subd. 2). Having been convicted in 1965 of attempted arson, County Court found him to be a second felony offender and sentenced him *998to a mandatory term of 1% to 3 years’ imprisonment (Penal Law, § 70.06).…