| People v Smith |
| 2017 NY Slip Op 06966 [154 AD3d 714] |
| October 4, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Bernard Smith, Appellant. |
James D. Licata, New City, NY (Ellen O'Hara Woods of counsel), for appellant.
Thomas P. Zugibe, District Attorney, New City, NY (Itamar J. Yeger and Carrie A. Ciganekof counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Kelly,J.), rendered April 30, 2014, convicting him of driving while intoxicated as a felony in violationof Vehicle and Traffic Law § 1192 (3), upon his plea of guilty, and imposingsentence.
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 courtis required, pursuant to Penal Law § 60.21, to impose a period of probation orconditional discharge to run consecutively to any period of imprisonment, notwithstanding PenalLaw § 60.01 (2) (d) (see Vehicle and Traffic Law § 1193 [1][c] [iii]; People v Vanbuskirk, 126AD3d 1239, 1240 [2015]; People vO'Brien, 111 AD3d 1028, 1029 [2013]; People v Panek, 104 AD3d 1201, 1201-1202 [2013]; People v Oliver, 98 AD3d 751,751 [2012]). Accordingly, the defendant's sentence, which included a consecutive period ofprobation, was legal. Balkin, J.P., Miller, Duffy, LaSalle and Brathwaite Nelson, JJ., concur.