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PEOPLE v. CRESONG

52 A.D.2d 1011 (1976)

The People of the State of New York, Respondent, v. Jackie Lynn Cresong, Appellant

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

May 27, 1976

On this appeal the defendant urges a reversal of the conviction on several grounds, and maintains that the sentence imposed was improper. As conceded by the People, the statute under which the defendant was sentenced as a second felony offender having been declared unconstitutional, he must be resentenced as a first felony offender (People v Parker, 49 A.D.2d 657; People v Morton

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