Majority
p. 1230The People of the State of New York, Respondent, v Steven F. Gardner, Appellant.
— 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
p. 1231
§ 511 [3]; People v Miller, 163 AD2d 627 , 629, lv denied 76 NY2d 942 ; People v Cooper, 158 AD2d 743 ; People v Koponen, 129 AD2d 838 ). Defendant’s remaining contentions lack merit. (Appeal from Judgment of Ontario County Court, Reed, J.— Felony Driving While Intoxicated.) Present — Callahan, A. P. J., Denman, Green, Pine and Davis, JJ.
Cases cited
- People v. Miller 163 AD2d 627 at 629 p. 1231
- People v. Cooper 158 AD2d 743 p. 1231
- People v. Koponen 129 AD2d 838 p. 1231