People v. Pope

Appeal by the defendant from a judgment of the County Court, Nassau County (Jaeger, J.), rendered October 31, 2007, convicting him of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree (two counts), after a nonjury trial, and imposing sentence.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the sentence imposed on the conviction of driving while intoxicated; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for…