Opinion
October 4, 1991
Appeal from the Ontario County Court, Reed, J.
Present — Callahan, A.P.J., Denman, Green, Pine and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The prosecutor's reference in his opening statement to defendant's prior conviction for driving while intoxicated does not require reversal because the conviction was a necessary element of the aggravated unlicensed operation of a motor vehicle charge (see, Vehicle and Traffic Law § 511 [3]; People v Miller, 163 A.D.2d 627, 629, lv denied 76 N.Y.2d 942; People v Cooper, 158 A.D.2d 743; People v Koponen, 129 A.D.2d 838). Defendant's remaining contentions lack merit.