People v. Demortel

Appellate Division of the Supreme Court of New York

People v. Demortel

197 A.D.2d 842, 602 N.Y.S.2d 583, 1993 N.Y. App. Div. LEXIS 9192

Appellate Division of the Supreme Court of the State of New York·Decided October 1, 1993·Published

Opinion

Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Upon his pleas of guilty to the charges of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]), aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3]), and criminal mischief in the fourth degree (Penal Law § 145.00 [3]), defendant was sentenced to two concurrent terms of incarceration of one year and a consecutive term of six months, respectively. The District Attorney has conceded that Penal Law § 70.25 compels the conclusion that the imposition of a consecutive term was improper. Thus, we modify the judgment by providing that all sentences run concurrently (see, People v Taylor, 197 AD2d 858 [decided herewith]). (Appeal from Judgment of Ontario County Court, Harvey, J.—Felony Driving While Intoxicated.) Present—Denman, P. J., Green, Balio, Fallon and Boehm, JJ.

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Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Upon his pleas of guilty to the charges of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]), aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3]), and criminal mischief in the fourth degree (Penal Law § 145.00 [3]), defendant was sentenced to two concurrent terms of incarceration of one year and a consecutive term of six months, respectively. The District Attorney has conceded that Penal Law § 70.25 compels the conclusion that the imposition of a consecutive term was improper. Thus, we modify the judgment by providing that all sentences run concurrently (see, People v Taylor, 197 AD2d 858 [decided herewith]). (Appeal from Judgment of Ontario County Court, Harvey, J.—Felony Driving While Intoxicated.) Present—Denman, P. J., Green, Balio, Fallon and Boehm, JJ.

People v. Demortel, 197 A.D.2d 842, 602 N.Y.S.2d 583, 1993 N.Y. App. Div. LEXIS 9192 (N.Y. Ct. App. 1993).

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Opinion

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