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PEOPLE v. TORRES

25 A.D.2d 529 (1966)

The People of the State of New York, Respondent, v. Jose Torres, Appellant

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

February 7, 1966

Judgment modified, on the law, by striking out so much of the sentence as was imposed on the third count. As so modified, judgment affirmed.

In view of the fact that the third count of the indictment (unlawful possession of narcotics) was not submitted to the jury, so that defendant was not found guilty thereon, there was no basis upon which he could have been sentenced...

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