Judgment unanimously modified on the law and as modified affirmed and matter remitted to Steuben County Court for further proceedings in accordance with the following Memorandum: Upon the misapprehension that it was required to do so by Penal Law § 70.25 (1), County Court imposed sentences upon defendant that were consecutive to the unexpired term of a prior DWI conviction. Actually, the court had the discretion to impose concurrent sentences but it "erroneously perceived...
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