New York Penal Law 110 Application on Other Statutes

In People v. Prescott, (95 NY2d 655, 745 N.E.2d 1000, 722 N.Y.S.2d 778 [2001]), the Court of Appeals rejected the argument that section 110 of the penal law could be applied to sections 1192 (driving while intoxicated) and 511 (aggravated unlicensed operation of a motor vehicle). The Court based its ruling on the fact that these statutes constitute integrated statutory schemes which provide exclusive penalties.