People v. Selsmeyer

Casey, J. P.

Appeal from a judgment of the County Court of Tioga County (Siedlecki, J.), rendered June 28, 1985, upon a verdict convicting *923defendant of the crime of operating a motor vehicle while under the influence of alcohol.

After trial defendant was convicted of driving while her ability was impaired in violation of Vehicle and Traffic Law § 1192 (1), as a lesser included offense of the charge of driving while intoxicated as a felony. Defendant was sentenced to serve a 90-day intermittent prison sentence and was fined $1,500.

Defendant contends that County Court erred in that part of its…