People v. Clemens

177 A.D.2d 1053, 578 N.Y.S.2d 296, 1991 N.Y. App. Div. LEXIS 15862

Opinion

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The trial court erred in ordering that the sentence imposed on defendant’s conviction for driving while intoxicated (Vehicle and Traffic Law § 1192 [3]) be served consecutively to the sentence of aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3]; see, Penal Law § 70.25 [2]; see, People v Catone, 65 NY2d 1003; People v Coleman, 138 AD2d 963, 964). Accordingly, defendant’s sentence for driving while intoxicated is modified to run concurrently with the sentence for aggravated unlicensed operation of a motor vehicle in the first degree. (Appeal from Judgment of Supreme Court, Onondaga County, Gorman, J.—Felony Driving While Intoxicated.) Present—Callahan, A. P. J., Green, Pine, Lawton and Davis, JJ.