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  5. 197 A.D.2d 587 (1993)
 

PEOPLE v. DELL'ORFANO

197 A.D.2d 587 (1993)

602 N.Y.S.2d 646

The People of the State of New York, Respondent, v. John Dell'Orfano, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 12, 1993

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for resentencing in compliance with Penal Law § 70.10; and it is further,

Ordered that the order is affirmed.

Upon his conviction of robbery in the second degree, the defendant was found to be a persistent felony offender pursuant to Penal Law § 70.10 (1), and...

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