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PEOPLE v. WILLIAMS

46 A.D.2d 693 (1974)

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

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

October 28, 1974

Sentence reversed insofar as appealed from, on the law.

The sentence was invalid, as a matter of law, for failure to comply with section 80.00 of the Penal Law, which requires inter alia, that in order to impose a fine there must be a finding of a financial gain by the defendant from the commission of the crime (see People v. Yannicelli, 40 A.D.2d 564, affd. 33 N.Y.2d 621). No such...

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