People v. Hilker

*421OPINION OF THE COURT

Patrick D. Monserrate, J.

This is an application on behalf of the defendant for an order of this court, pursuant to CPL 440.20 (1), setting aside the sentence of imprisonment previously imposed on the defendant on the ground that such sentence has been rendered invalid as a matter of law.

The People oppose the application.

facts

The operative facts of the case are best viewed chronologically:

1986 March 3 Defendant convicted after a jury trial for the unclassified misdemeanor crime of operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192…