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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN CATALANO, Appellant.

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Erie County Court for further proceedings, in accordance with the following Memorandum: The People concede that it was improper for the court to resentence defendant to a $500 fine for aggravated unlicensed operation of a motor vehicle, and in addition, a $350 fine for driving while intoxicated (see, Penal Law § 80.15, as it was in effect prior to 1990 amendment [L 1990, ch 892]). We agree, and accordingly, vacate defendant's resentence and remit the matter for resentencing in accord with this memorandum.

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PEOPLE v. CATALANO
(Jan 31, 1992)