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PEOPLE v. RUBIN S.

87 Misc.2d 951 (1976)

The People of the State of New York, Plaintiff, v. Rubin S., Defendant.

Supreme Court, Criminal Term, Queens County.

July 28, 1976

Attorney(s) appearing for the Case

Nicholas Ferraro, District Attorney (Dennis Lebwohl of counsel), for plaintiff. Jacob W. Friedman for defendant.

LEONARD LEIGH FINZ, J.

The People move pursuant to CPL 440.40 to set aside a "sentence rendered June 18, 1975 (FINZ, J.) adjudicating the defendant a Youthful Offender and sentencing him to a term of probation for five years."

The motion herein was undoubtedly inspired by the recent decision of the Appellate Division in this Department (People v Santiago, 51 A.D.2d 1

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