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PEOPLE v. WILLIAMS

34 N.Y.2d 657 (1974)

The People of the State of New York, Respondent, v. Bobby Williams, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 1974.

Attorney(s) appearing for the Case

Joseph Alan Kaplan, William Gallagher and Bonnie Brower for appellant.

Mario Merola, District Attorney (Charles S. Fax of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.

MEMORANDUM.

The order of the Appellate Division should be reversed and the proceedings remitted to Supreme Court, Bronx County, for resentence, which shall be limited to a maximum of three years, under whatever sentencing provision may be lawfully applicable.

While the resentence in the present case does not fall precisely under the formulation in North Carolina v. Pearce (395 U.S. 711

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