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PEOPLE v. OLIVO

118 A.D.2d 407 (1986)

The People of the State of New York, Respondent, v. Jose Olivo, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 4, 1986

Inasmuch as defendant was indicted, inter alia, for unauthorized use of a vehicle in the third degree but convicted of a crime higher than that charged in the indictment, the conviction for unauthorized use of a vehicle in the second degree was clearly erroneous. Therefore, we modify defendant's conviction on this count to conform to that for which he was indicted and reduce his sentence to a definite sentence of imprisonment...

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