From Casetext: Smarter Legal Research

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1977
58 A.D.2d 635 (N.Y. App. Div. 1977)

Opinion

June 20, 1977


Appeal by defendant, as limited by his motion, from sentences of the County Court, Nassau County, imposed August 4, 1976, upon his convictions of driving while intoxicated, as a felony, and criminal possession of a forged instrument (three counts), upon his pleas of guilty, the sentences being concurrent terms of imprisonment with a minimum of 1 1/2 years and a maximum of 3 years, upon a determination that he was a second-felony offender. Sentences imposed upon the convictions of criminal possession of a forged instrument affirmed. No opinion. Sentence imposed upon the conviction of driving while intoxicated, as a felony, reversed, on the law, and action remanded to the County Court for resentencing as to the said conviction. Defendant could not be sentenced as a second-felony offender upon his conviction of driving while intoxicated, which is a crime under the Vehicle and Traffic Law and not the Penal Law (see People v Tyler, 46 A.D.2d 997; People v Speranza, 80 Misc.2d 798). Margett, J.P., Damiani, Rabin and O'Connor, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1977
58 A.D.2d 635 (N.Y. App. Div. 1977)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WARREN SMITH, Appellant

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

Date published: Jun 20, 1977

Citations

58 A.D.2d 635 (N.Y. App. Div. 1977)

Citing Cases

People v. Morris

Section 70.06 (subd 1, par [a]) of the Penal Law provides: "A second felony offender is a person * * * who…

People v. Mashaw

It is apparent that "felony" is not limited to offenses contained in the Penal Law, but rather extends to any…