People v. Coleman

Order unanimously reversed on the law, defendant’s motion pursuant to CPL article 440 granted, consecutive sentence vacated and concurrent sentence imposed, in accordance with the following memorandum: Defendant pleaded guilty to two counts of criminally negligent homicide (Penal Law § 125.10) and one count of driving while intoxicated (Vehicle and Traffic Law § 1192 [2]) *964as a result of an accident in which he drove his automobile into a tree, killing two occupants of the vehicle. The sentencing court imposed concurrent one-year terms for each homicide count and imposed a one-year term for…