People v. Jimerson

Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J), rendered January 14, 2002. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated as a felony and aggravated unlicenced operation of a motor vehicle in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Cattaraugus County Court for resentencing.

Memorandum:

In appeal No. 1, defendant appeals from a judgment…