General

The People of the State of New York, Respondent, v. Donald P. Donahue, Appellant

237 A.D.2d 987656 N.Y.S.2d 980·New York Supreme Court, Appellate Division·1997·NY

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Opinion

The People of the State of New York, Respondent, v Donald P. Donahue, Appellant. [656 NYS2d 980] [MAJORITY] Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: Upon our review of the record, we exercise our power to reduce defendant’s sentence as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [b]) by directing that the sentence run concurrently with the sentences imposed for driving while intoxicated as a felony and driving while intoxicated as a misdemeanor. (Appeal from Judgment of Cattaraugus County Court, Himelein, J.—Violation of Probation.) Present—Pine, J. P., Lawton, Callahan, Do-err and Fallon, JJ.