People v. Backus

Centra and Gorski, JJ. (dissenting in part).

We respectfully dissent in part and would modify the judgment by directing that the sentence imposed for driving while intoxicated shall run concurrently with the sentences imposed for vehicular assault in the second degree. We agree with the majority that the sentence imposed by County Court is illegal because the one-year definite term for driving while intoxicated may not run consecutively with the one-year concurrent definite terms for vehicular assault. When a court imposes an illegal sentence, however, this Court may in its discretion either…