People v. Washington

Appeal by defendant from a judgment of the County Court, Nassau County, rendered October 8, 1974, convicting him of driving while intoxicated, as a felony, upon his plea of guilty, and imposing a sentence, inter alia, of five years’ probation and a $300 fine or three months in jail. Judgment affirmed as to the conviction; judgment reversed as to the sentence, on the law, and case remanded to the County Court for resentencing. The proper sentence to be imposed upon a conviction for driving while intoxicated, as a felony, is to be found in sections 55.10, 60.01 and 70.00 of the Penal Law and…