People v. Morris

Judgment, insofar as it sentences defendant as a second felony offender, unanimously reversed, on the law, and defendant remanded to Cayuga County Court for resentencing in accordance with memorandum, and, otherwise, judgment affirmed. Memorandum: Following his pleas of guilty to three counts of driving while intoxicated defendant received three concurrent sentences of two to four years’ imprisonment as a second felony offender (Penal Law, § 70.06). Defendant correctly contends that he may not be sentenced as a second felony offender upon his convictions of driving while intoxicated. Section…