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PEOPLE v. M.

47 A.D.2d 907 (1975)

The People of the State of New York, Respondent, v. James M. (Anonymous) and Joseph P. (Anonymous), Appellants

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

April 7, 1975

Order reversed, on the law, and motions granted. Judgments modified, on the law, by vacating the sentences, and case remanded to Criminal Term for resentencing in accordance herewith. As so modified, judgments affirmed.

The Justice at Criminal Term had the power to make a choice and to exercise his discretion thereon, as to whether probationary or reformatory sentences should be imposed. We express no opinion as to what type...

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