People v. Best

Appellate Division of the Supreme Court of New York

People v. Best

162 A.D.2d 1056, 559 N.Y.S.2d 210, 1990 N.Y. App. Div. LEXIS 9874

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 22, 1990

StatusPublished

This text of 162 A.D.2d 1056 (People v. Best) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Best, 162 A.D.2d 1056, 559 N.Y.S.2d 210, 1990 N.Y. App. Div. LEXIS 9874 (N.Y. Ct. App. 1990).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, upon a guilty plea, of two counts of driving while intoxicated as a felony. On January 4, 1989, he was sentenced to concurrent terms of 1 to 3 years on each count, and on March 15, 1989, upon the People’s motion and over defendant’s objection, the court further provided that the sentence would run consecutively to an existing sentence. Defendant argues on appeal that the court lacked the power to correct the sentence, although he acknowledges that it was understood that the current sentence would run consecutively to his previous sentence, and that, in fact, the court waived a $500 fine based in part on that understanding. We find that the court had the inherent power to correct the error (see, People v Minaya, 54 NY2d 360, cert denied 455 US 1024). (Appeal from judgment of Ontario County Court, Henry, Jr., J.—felony driving while intoxicated.) Present—Callahan, J. P., Denman, Green, Pine and Balio, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, upon a guilty plea, of two counts of driving while intoxicated as a felony. On January 4, 1989, he was sentenced to concurrent terms of 1 to 3 years on each count, and on March 15, 1989, upon the People’s motion and over defendant’s objection, the court further provided that the sentence would run consecutively to an existing sentence. Defendant argues on appeal that the court lacked the power to correct the sentence, although he acknowledges that it was understood that the current sentence would run consecutively to his previous sentence, and that, in fact, the court waived a $500 fine based in part on that understanding. We find that the court had the inherent power to correct the error (see, People v Minaya, 54 NY2d 360, cert denied 455 US 1024). (Appeal from judgment of Ontario County Court, Henry, Jr., J.—felony driving while intoxicated.) Present—Callahan, J. P., Denman, Green, Pine and Balio, JJ.

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Bluebook (online)

162 A.D.2d 1056, 559 N.Y.S.2d 210, 1990 N.Y. App. Div. LEXIS 9874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-best-nyappdiv-1990.

Opinion

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