People v. Miller

—Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed, in accordance with the following Memorandum: In the exercise of our discretion, we modify the sentence imposed upon defendant to time served. The sentence thus equates with the term of imprisonment recommended in the pre-sentence report. (Appeal from Judgment of Niagara County Court, Hannigan, J.—Driving While Intoxicated.) Present—Dillon, P. J., Callahan, Denman, Green and Lowery, JJ.