People v. McKay

Appeal by the defendant from a judgment of the Supreme Court, Bangs County (Silber, J.), rendered February 26, 2009, convicting him of criminal possession of a controlled substance in the third degree (two counts), reckless endangerment in the second degree, and reckless driving, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the conviction of reckless endangerment in the second degree and vacating the sentence imposed thereon; as so modified, the judgment is affirmed.

The defendant’s contention that he was denied his statutory right…