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PEOPLE v. ALMSTEAD

42 A.D.2d 743 (1973)

The People of the State of New York, Respondent, v. William Almstead, Appellant

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

July 16, 1973

Order reversed, on the law; motion granted; sentence vacated and case remanded to the County Court for resentence.

The resentence shall be by a Judge other than the one who imposed the December 6, 1968 sentence. It was error to impose sentence upon defendant without a written report on a presentence investigation. The youthful offender file prepared 10 years previously and a copy of defendant's criminal record did not amount...

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