People v. Hemphill

— Weiss, J.

Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered September 14, 1984, which revoked defendant’s probation and imposed a sentence of imprisonment.

In September 1980, defendant pleaded guilty in Albany *768County to burglary in the third degree and was sentenced to a term of 60 days in jail and a concurrent term of five years’ probation. On June 19, 1984, defendant pleaded guilty in Schenectady Police Court to operating a motor vehicle while under the influence of alcohol (driving while intoxicated). As a result of the Schenectady conviction, defendant was…