Opinion
2015-07-10
The PEOPLE of the State of New York, Respondent, v. Peter GIACONA, Defendant–Appellant. (Appeal No. 2.).
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered January 29, 2013. The judgment convicted defendant, upon his plea of guilty, of vehicular assault in the second degree (two counts), driving while intoxicated, and reckless driving. J. Scott Porter, Seneca Falls, for Defendant–Appellant. Jon E. Budelmann, District Attorney, Auburn (Brian Leeds of Counsel), for Respondent.
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered January 29, 2013. The judgment convicted defendant, upon his plea of guilty, of vehicular assault in the second degree (two counts), driving while intoxicated, and reckless driving.
J. Scott Porter, Seneca Falls, for Defendant–Appellant. Jon E. Budelmann, District Attorney, Auburn (Brian Leeds of Counsel), for Respondent.
Same memorandum as in People v. Giacona (Appeal No. 1), –––A.D.3d ––––, ––– N.Y.S.3d ––––, 2015 WL 4139800 (July 10, 2015).
It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the term of probation imposed on counts one and two of the superior court information, and as modified the judgment is affirmed.