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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY MAGISTRO, Appellant.

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 imprisonment 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 [a]) and driving while intoxicated (Vehicle and Traffic Law § 1192; see, Penal Law § 70.25; § 80.15; People v Grader, 142 A.D.2d 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.

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PEOPLE v. MAGISTRO
(Dec 20, 1989)