People v. Knack

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was convicted in Nassau County of driving while intoxicated under Vehicle and Traffic Law § 1192. Because he had previously been convicted of the same offense as a result of a prior guilty plea in Suffolk County, his Nassau County crime was treated as a felony under Vehicle and Traffic Law § 1192 (5), which makes a prior misdemeanor conviction under the statute an aggravating element.

On this appeal, defendant argues, as he did in the courts below, that he was erroneously denied the opportunity to…