Opinion
January 31, 1992
Appeal from the Erie County Court, Drury, J.
Present — Denman, P.J., Doerr, Boomer, Pine and Balio, JJ.
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Erie County Court for further proceedings, in accordance with the following Memorandum: The People concede that it was improper for the court to resentence defendant to a $500 fine for aggravated unlicensed operation of a motor vehicle, and in addition, a $350 fine for driving while intoxicated (see, Penal Law § 80.15, as it was in effect prior to 1990 amendment [L 1990, ch 892]). We agree, and accordingly, vacate defendant's resentence and remit the matter for resentencing in accord with this memorandum.