People v. Smith

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: Defendant was convicted of one count of vehicular assault in the second degree (Penal Law § 120.03) and two counts of operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [2], [3]). The convictions under the Vehicle and Traffic Law must be reversed, the counts dismissed, and the sentences imposed vacated because they are inclusory concurrent counts of the count of vehicular assault in the second degree (see, CPL 300.40 [3] [b]; People v…