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PEOPLE v. SMITH

2014-06103, Ind. No. 13-00391.

154 A.D.3d 714 (2017)

60 N.Y.S.3d 844

2017 NY Slip Op 06966

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD SMITH, Appellant.

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

Decided October 4, 2017.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the sentence imposed was not illegal. Where, as here, a person is convicted under Vehicle and Traffic Law § 1192 (3), a sentencing court is required, pursuant to Penal Law § 60.21, to impose a period of probation or conditional discharge to run consecutively to any period of imprisonment, notwithstanding Penal Law § 60.01 (2) ...

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