People v. Thiel

Appeal from a judgment of the County Court of Che-mung County, rendered July 28, 1975, convicting defendant, upon his plea of guilty, of feloniously operating a motor vehicle while under the influence of alcohol. On March 16, 1975 the defendant pled guilty to the crime of operating a motor vehicle while under the influence of alcohol which, as a second offense, was a Class E felony punishable by a maximum sentence of an indeterminate term of imprisonment not to exceed four years (Penal Law, § 70.00, subd 2, par [e]). The sole issue raised on this appeal is whether the sentence imposed, an…