People v. Clemens

Appellate Division of the Supreme Court of New York

People v. Clemens

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

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

DecidedNovember 15, 1991

StatusPublished

Cited by2 cases

This text of 177 A.D.2d 1053 (People v. Clemens) 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. Clemens, 177 A.D.2d 1053, 578 N.Y.S.2d 296, 1991 N.Y. App. Div. LEXIS 15862 (N.Y. Ct. App. 1991).

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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.

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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.

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Bluebook (online)

177 A.D.2d 1053, 578 N.Y.S.2d 296, 1991 N.Y. App. Div. LEXIS 15862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-clemens-nyappdiv-1991.

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