Commonwealth v. Shaw

OPINION

NIGRO, Justice.

The issue presented in the instant appeal is whether the Superior Court properly determined that the sentencing court erred by finding that the New York State offense of Driving While Ability Impaired (“DWAI”), N.Y. Veh. & Traf, Law § 1192(1), is an “equivalent offense” to the Pennsylvania offense of Driving While Under the Influence of Alcohol (“DUI”), 75 Pa.C.S. § 3731(a)(1), for purposes of sentencing Appellee as a repeat offender pursuant to 75 Pa.C.S. § 3731(e)(l)(iii). For the reasons that follow, we affirm the order of the Superior Court vacating Appellee’s…