PEOPLE v. CLEMENS

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The trial court erred in ordering that the sentence imposed on defendant's conviction for driving while intoxicated (Vehicle and Traffic Law § 1192) be served consecutively to the sentence of aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511; see, Penal Law § 70.25; see, People v. Catone, 65 N.Y.2d 1003; People v. Coleman, 138 A.D.2d 963, 964). Accordingly, defendant's sentence for driving while intoxicated is modified to run concurrently with the sentence for aggravated unlicensed operation of a motor vehicle in the first degree.