It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the conditional discharge imposed on count one of the indictment, and as modified the judgment is affirmed.
Memorandum: Defendant was convicted upon his plea of guilty of aggravated vehicular homicide (Penal Law § 125.14 [4]) and aggravated vehicular assault (§ 120.04-a [4]). On the count of aggravated vehicular homicide, defendant was sentenced to an indeterminate...
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