People v. Fingland

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Monroe County Court for resentencing in accordance with the following Memorandum: The sentencing minutes establish that County Court improperly sentenced defendant to a term of incarceration of IV3 to 3 years upon her conviction of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [2]; § 1193 [1] [c]; see, Penal Law § 70.00 [3] [b]), although a legal sentence of lVs to 4 years is set forth in the certificate of conviction. Because the court imposed an illegal sentence, we modify the…