An appellate court has thrown out a sentence for a convicted drunken driver, saying it was a potential conflict of interest for the driver to be represented at sentencing by a former assistant district attorney who prosecuted his case before entering private practice.

Mary Jane MacCrae was the Putnam County prosecutor in People v. Dollinger, on March 16, 2012, when Eugene Dollinger, 57, pleaded guilty to driving while intoxicated, a class E felony.