People v. Baker

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Tisch, J.), imposed October 30, 1986, upon his conviction of operating a motor vehicle while under the influence of alcohol as a misdemeanor, upon his plea of guilty, the sentence being a term of imprisonment of one year, a fine of $350 or, as an alternative to the fine an additional 90-day jail sentence, and a surcharge of $10 or, as an alternative to the surcharge, an additional five-day jail sentence.

Ordered that the sentence is modified, on the law, by deleting the provisions thereof…