PEOPLE v. CARDILLO


111 A.D.2d 827 (1985)

The People of the State of New York, Appellant, v. Frank Cardillo, Jr., Respondent

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

June 10, 1985


Sentences modified, on the law, by vacating the sentence for criminal possession of stolen property in the second degree. As so modified, sentences affirmed and matter remitted to Criminal Term for resentencing in accordance herewith.

After a hearing, Criminal Term adjudicated defendant to be a second felony offender. The defendant was sentenced erroneously to a definite sentence under the felony charge. Therefore, the matter must be remitted for resentencing as a...

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