Majority
Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Westchester County (Neary, J.), imposed March 19, 2014, consisting of three indeterminate terms of lVs to 4 years’ imprisonment upon his convictions of driving while intoxicated (two counts) and aggravated unauthorized operation of a
Ordered that the sentence is modified, on the law, by providing that the sentence imposed on the conviction of aggravated unlicensed operation of a motor vehicle in the first degree shall run concurrently with the sentence imposed for driving while intoxicated under count 4 of the indictment; as so modified, the sentence is affirmed.
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 , 85-86 [1982]). However, as the People correctly concede, the Supreme Court erred in imposing consecutive terms of imprisonment for driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree arising from the defendant’s arrest on November 2, 2012 (see People v Milo, 235 AD2d 552 , 553 [1997]).
Hall, J.P., Austin, Sgroi and Connolly, JJ., concur.
Cases cited
- People v. Suitte 90 AD2d 80 at 85-86 p. 1061
- People v. Milo 235 AD2d 552 at 553 p. 1061