People v. Dailey

Appeal from a judgment of the County Court of Che-mung County, rendered December 14, 1973, which revoked defendant’s conditional discharge imposed upon his plea of guilty to the crime of driving while intoxicated as a felony, and sentenced him to an indeterminate term of imprisonment not to exceed four years. This appeal was previously before this court and the pertinent facts are set forth in our opinion (45 AD2d 910) wherein we upheld the validity of the sentence imposed upon defendant, pursuant to subdivision 2 of section 70.00 of the Penal Law, on the authority of People v Messinger (43…