In People v. Belizaire, 234 AD2d 467 (2d Dept 1996), app denied 89 N.Y.2d 1032 (1997), the Defendant was charged with Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree for driving with more than ten license suspensions and Assault in the First Degree, under the same statute as that at issue in Snow, because he had caused serious physical injury to a person while driving with a suspended license. The Court upheld the trial court's dismissal of the First Degree Assault count, reasoning: The interpretation of the Penal Law advocated by the People would lead to an unjust and unreasonable result, as a defendant who injures another while driving with a suspended license would be subject to a greater criminal penalty (a Class C felony) than an intoxicated driver, who, with criminal negligence causes the death of another (vehicular manslaughter in the second degree, a Class D felony). Accordingly, the Supreme Court properly dismissed the second count of the indictment which charged the defendant with felony assault. (234 AD2d at 468.)