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PEOPLE v. MALDONADO

84 A.D.2d 699 (1981)

The People of the State of New York, Respondent, v. Anibal Maldonado, Appellant The People of the State of New York, Respondent, v. David Rodriguez, Appellant

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

November 5, 1981

After sentencing defendants on the felony murder counts, the court, stating that the predicate sodomy counts were lesser included counts of felony murder, ruled that "there will be no sentence imposed on that count." It is not a lesser included count, and we remand for sentence accordingly. (See, People v Santana, 82 A.D.2d 784; People v Cagle, 70 A.D.2d 573; People v Nichols,...

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