Opinion
March 29, 2000.
Appeal from Judgment of Ontario County Court, Harvey, J. — Criminal Trespass, 2nd Degree.
PRESENT: GREEN, J. P., LAWTON, PIGOTT, JR., HURLBUTT AND CALLAHAN, JJ.
Judgment modified on the law and as modified affirmed in accordance with the following Memorandum:
Upon defendant's conviction of criminal trespass in the second degree (Penal Law § 140.15 ) and criminal mischief in the fourth degree ( Penal Law § 145.00 [1]), County Court imposed consecutive definite sentences of imprisonment of one year and six months. Because those offenses were committed as part of a single incident, imposition of consecutive sentences aggregating more than one year is illegal ( see, Penal Law § 70.25 [3]; People v. Silvagnio , 79 A.D.2d 1112). We therefore modify the judgment by providing that the sentences shall run concurrently.
All concur, Callahan, J., not participating.