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People v. Magistro

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1989
156 A.D.2d 1029 (N.Y. App. Div. 1989)

Opinion

December 20, 1989

Appeal from the Supreme Court, Onondaga County, Gorman, J.

Present — Callahan, J.P., Boomer, Green, Pine and Lawton, JJ.


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 imprisonment 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 [a]) and driving while intoxicated (Vehicle and Traffic Law § 1192; see, Penal Law § 70.25; § 80.15; People v Grader, 142 A.D.2d 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.


Summaries of

People v. Magistro

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1989
156 A.D.2d 1029 (N.Y. App. Div. 1989)
Case details for

People v. Magistro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY MAGISTRO…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 20, 1989

Citations

156 A.D.2d 1029 (N.Y. App. Div. 1989)

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