PEOPLE v. SALTER


39 A.D.2d 593 (1972)

The People of the State of New York, Respondent, v. Brian C. Salter, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 17, 1972


Judgment modified, on the law, to make the sentences run concurrently. As so modified, judgment affirmed.

Defendant was arrested for driving while intoxicated and resisted the arrest. He pleaded guilty to both offenses and was sentenced to two consecutive terms of one year each. In our opinion, these offenses were committed as "parts of a single incident or transaction"; accordingly, the aggregate of definite terms imposed may not exceed one year (Penal Law, §...

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