PEOPLE v. FONTUS (2019)

Judgment of conviction (Lisa A. Sokoloff, J., at plea; Kevin B. McGrath, J., at sentencing), rendered May 22, 2014, modified, on the law, to vacate defendant's conviction of aggravated unlicensed operation of a motor vehicle in the second degree and to dismiss that count of the accusatory instrument; as modified, judgment of conviction affirmed.

As the People concede, defendant's conviction of aggravated unlicensed operation of a motor vehicle in the second degree (see Vehicle and Traffic Law § 511.2[a][iv] ) must be vacated because the allegations in the accusatory instrument were insufficient to satisfy the elements of that offense.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.