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PEOPLE v. MARTIN

936 KA 17-00398.

222 A.D.3d 1414 (2023)

200 N.Y.S.3d 269

2023 NY Slip Op 06658

The People of the State of New York, Respondent, v. Jeffrey M. Martin, Appellant.

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

Decided December 22, 2023.

Attorney(s) appearing for the Case

ANNE LABARBERA, PC, NEW YORK CITY ( ANNE LABARBERA OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( AMY WALENDZIAK OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Bannister, Montour, Nowak and DelConte, JJ.

Appeal from a judgment of the Monroe County Court (Stephen T. Miller, A.J.), rendered January 3, 2017. The judgment convicted defendant, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the second degree and driving while intoxicated.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence imposed on the count of aggravated unlicensed...

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