People v. Dixon

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: The People concede that defendant’s sentence on the first count of offering a false instrument for filing was unlawful because the sentence of probation must run concurrently with the four-month imprisonment term (see, Penal Law §60.01 [2] [d]). We modify the judgment to vacate the sentence and remit this matter for resentencing.

The People further concede that the sentencing court erred in failing to fix the…