People v Gerson Luna Perez
Attorneys and Parties
Brief Summary
Criminal law – effect of a reversed predicate conviction on a felony enhancement for driving while intoxicated (DWI).
The Supreme Court, Nassau County, accepted a guilty plea and sentenced the defendant for DWI as a felony based on a prior Suffolk County DWI conviction.
The felony enhancement; the conviction was reduced to DWI as a misdemeanor and the felony sentence was vacated.
The predicate Suffolk County DWI conviction was reversed and the accusatory instrument dismissed by the Appellate Term, eliminating an essential element of the aggravated charge; the People conceded. See People v Frieary, 144 AD2d 382.
Background
On October 31, 2022, the defendant pleaded guilty to driving while intoxicated as a felony, the felony status predicated on a prior Suffolk County DWI conviction. After the plea, the Appellate Term, Second Department, reversed the Suffolk County conviction and dismissed the accusatory instrument (People v Luna, 83 Misc 3d 62 [App Term, 2d Dept, 9th & 10th Jud Dists]).
Lower Court Decision
The Supreme Court, Nassau County (Caryn R. Fink, J.), rendered judgment on September 29, 2023, convicting the defendant of DWI as a felony upon his guilty plea and imposing sentence.
Appellate Division Reversal
Modified on the law by reducing the conviction to DWI as a misdemeanor and vacating the felony sentence; as modified, the judgment was affirmed, and the matter was remitted for sentencing on the misdemeanor conviction. The defendant’s remaining contention was found to be without merit.
Legal Significance
Confirms that when the predicate conviction supporting a felony enhancement for DWI is reversed, the felony conviction cannot stand; the plea is deemed to a misdemeanor and the case must be remitted for resentencing. This follows People v Frieary, 144 AD2d 382.
If a prior conviction used to elevate a DWI to a felony is later reversed, the felony enhancement fails as a matter of law, requiring reduction to a misdemeanor and resentencing.