Opinion
September 20, 1984
Appeal from the County Court of Chemung County (Monroe, J.).
Upon this record, it was proper for the court to submit to the jury, as a question of fact, whether the breathalyzer test was administered to defendant within two hours of his arrest for driving while intoxicated (see People v Keane, 76 A.D.2d 963). Additionally, we do not find the concurrent sentences imposed in this case, i.e., a $500 fine and one year in the county jail on the conviction for driving with at least 10% of alcohol in his blood (Vehicle and Traffic Law, § 1192, subd. 2) and 60 days in the county jail on the conviction for driving while ability impaired by alcohol (Vehicle and Traffic Law, § 1192, subd. 1), to be harsh or excessive.
Judgment affirmed. Mahoney, P.J., Kane, Casey, Weiss and Yesawich, Jr., JJ., concur.