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People v. Clemens

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1991
177 A.D.2d 1053 (N.Y. App. Div. 1991)

Opinion

November 15, 1991

Appeal from the Supreme Court, Onondaga County, Gorman, J.

Present — Callahan, A.P.J., Green, Pine, Lawton and Davis, JJ.


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) be served consecutively to the sentence of aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511; see, Penal Law § 70.25; see, People v. Catone, 65 N.Y.2d 1003; People v. Coleman, 138 A.D.2d 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.


Summaries of

People v. Clemens

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1991
177 A.D.2d 1053 (N.Y. App. Div. 1991)
Case details for

People v. Clemens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD A. CLEMENS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 15, 1991

Citations

177 A.D.2d 1053 (N.Y. App. Div. 1991)

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