PEOPLE v. VANALST

315 KA 14-01959.

148 A.D.3d 1658 (2017)

2017 NY Slip Op 02273

50 N.Y.S.3d 729

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK VANALST, Also Known as SHAUN, Also Know as JUNGLE, Appellant. (Appeal No. 2.).

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

Decided March 24, 2017.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Ontario County Court for resentencing.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of two counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and two counts of criminal possession of a controlled...

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