PEOPLE v. POPE

2007-10459.

74 A.D.3d 842 (2010)

901 N.Y.S.2d 532

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLIE C. POPE, Appellant.

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

Decided June 1, 2010.


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 resentencing on that conviction.

The defendant's contention that the evidence was legally insufficient to establish his guilt of aggravated unlicensed operation of a motor...

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