People v. Aia

Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered January 17, 1984, upon a verdict convicting defendant of the crime of operating a motor vehicle while under the influence of alcohol, a felony, and of operating a motor vehicle while under the influence of alcohol, a traffic infraction.

On this appeal, defendant contends chiefly that the sentence imposed on his convictions of operating a motor vehicle with at least .10% of alcohol in his blood (Vehicle and Traffic Law, § 1192, subd 2), as a class E felony, and operating a motor vehicle while his ability is…