Appellate Division of the Supreme Court of New York, 1975

People v. Tuthill

People v. Tuthill
Appellate Division of the Supreme Court of New York · Decided November 12, 1975
50 A.D.2d 583; 374 N.Y.S.2d 357; 1975 N.Y. App. Div. LEXIS 12359
People v. Tuthill

Opinion of the Court

— Appeal by defendant, as limited by his motion, from a sentence (Indictment Nos. 145/74 and 215/74) of the County Court, Orange County, imposed March 3, 1975, upon his conviction of operating a motor vehicle while under the influence of alcohol, as a felony, upon his plea of guilty, the sentence being one year in the county jail and revocation of his driver’s license. Sentence modified, as a matter of discretion in the interest of justice, by reducing the period of incarceration to the time already served; and, as so modified, sentence affirmed. The sentence was excessive to the extent indicated herein. Cohalan, Acting P. J., Margett, Christ, Brennan and Munder, JJ., concur.

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