People v. Mack

159 A.D.2d 1025, 555 N.Y.S.2d 641, 1990 N.Y. App. Div. LEXIS 3386

Opinion

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: As the prosecutor concedes, the sentence, insofar as it imposed two fines,, was illegal (see, Penal Law § 80.15). We modify the judgment of conviction, therefore, by vacating the imposition of both fines and remit the matter to the sentencing court for the imposition of a single fine, if any, that the court may deem appropriate. (Appeal from judgment of Supreme Court, Erie County, Rossetti, J. — driving while ability impaired.) Present — Callahan, J. P., Doerr, Boomer, Green and Davis, JJ.