Sentencing Court’s Reference to a Fine for Driving While Intoxicated as “Mandatory” Required Remittal for Resentencing
The Third Department noted that imposition of both a fine and imprisonment for Driving While Intoxicated is discretionary. County Court’s indication that the fine was “mandatory” required remittal for resentencing. People v Olmstead, 105214, 3rd Dept 11-21-13