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PEOPLE v. BIAGINI

87 A.D.2d 634 (1982)

The People of the State of New York, Respondent, v. Albert Biagini, Appellant

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

March 22, 1982

Sentence reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance with People v Farrar (52 N.Y.2d 302).

Insofar as it appears on the present record, Criminal Term refrained from exercising its discretion to impose a lesser sentence upon the defendant in the mistaken belief that it was legally bound to impose the sentence...

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