Appellate Division of the Supreme Court of New York, 1989

People v. Magistro

People v. Magistro
Appellate Division of the Supreme Court of New York · Decided December 20, 1989
156 A.D.2d 1029; 550 N.Y.S.2d 875; 1989 N.Y. App. Div. LEXIS 16265
People v. Magistro

Opinion of the Court

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The People concede that the trial court erred by imposing consecutive one-year terms of impris*1030onment and $500 fines for each of defendant’s convictions of aggravated unlawful operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3] [a]) and driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; see, Penal Law § 70.25 [2]; § 80.15; People v Grader, 142 AD2d 997). Defendant’s sentences are modified to run concurrently and the fine imposed for aggravated unlawful operation of a motor vehicle in the first degree is vacated. (Appeal from judgment of Supreme Court, Onondaga County, Gorman, J. — aggravated unlawful operation of motor vehicle, first degree.) Present— Callahan, J. P., Boomer, Green, Pine and Lawton, JJ.

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