People v. Magistro

Appellate Division of the Supreme Court of New York

People v. Magistro

156 A.D.2d 1029, 550 N.Y.S.2d 875, 1989 N.Y. App. Div. LEXIS 16265

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 20, 1989

StatusPublished

Cited by3 cases

This text of 156 A.D.2d 1029 (People v. Magistro) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Magistro, 156 A.D.2d 1029, 550 N.Y.S.2d 875, 1989 N.Y. App. Div. LEXIS 16265 (N.Y. Ct. App. 1989).

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Opinion

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[1030]*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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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[1030]*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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Bluebook (online)

156 A.D.2d 1029, 550 N.Y.S.2d 875, 1989 N.Y. App. Div. LEXIS 16265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-magistro-nyappdiv-1989.

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