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PEOPLE v. ORTIZ

2009-02818.

95 A.D.3d 1140 (2012)

944 N.Y.S.2d 628

2012 NY Slip Op 3858

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO ORTIZ, Appellant.

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

Decided May 15, 2012.

Ordered that the judgment is modified, on the law, by vacating the convictions of criminal sexual act in the first degree and rape in the first degree, vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.

Contrary to the People's contention, the defendant's challenge to the Supreme Court's Sandoval ruling (see People v Sandoval,

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