PEOPLE v. GINCEROWSKI

112224.

205 A.D.3d 1152 (2022)

165 N.Y.S.3d 918

2022 NY Slip Op 03152

The People of the State of New York, Respondent, v. Michael P. Gincerowski Jr., Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 12, 2022.


Attorney(s) appearing for the Case

John R. Trice , Elmira, for appellant.

Michael A. Korchak , District Attorney, Binghamton ( Benjamin E. Howlitt of counsel), for respondent.

Lynch, J.P., Aarons, Pritzker, Fisher and McShan, JJ., concur.


In full satisfaction of a 17-count indictment, defendant agreed to plead guilty to one count each of vehicular manslaughter in the first degree and aggravated driving while intoxicated with the understanding that he would be sentenced to a prison term of 5 to 15 years upon the vehicular manslaughter conviction and to a three-year conditional discharge upon the aggravated driving while intoxicated conviction—said sentences to run consecutively. The charges stemmed from...

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