People v. Murph

Appeal by defendant from a judgment of the County Court, Nassau County, rendered July 2, 1975, convicting him of operating a motor vehicle under the influence of alcohol, as a felony (two counts), and imposing sentence. Judgment modified as to the sentence, on the law, by vacating the fine and the alternative jail sentence imposed under the first count of the indictment. As so modified, judgment affirmed. A proper sentence upon conviction of operating a motor vehicle under the influence of alcohol is one which complies with the penalty provisions of the Penal Law (see Penal Law, § 55.00;…