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PEOPLE v. HARTY

37 A.D.2d 732 (1971)

The People of the State of New York, Respondent, v. Eugene Michael Harty, Appellant

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

July 6, 1971

Order reversed, in the interests of justice, and new hearing granted.

The ground upon which the proceeding was based is that defendant was entitled to be resentenced, pursuant to the ruling in People v. Montgomery (24 N.Y.2d 130). At the hearing, which took place prior to the decision of the Court of Appeals in People v. Saunders (28 N.Y.2d 196), the County Court found that defendant...

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