PEOPLE v. MAGISTRO

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.