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PEOPLE v. TORRES

67 N.Y.2d 659 (1986)

The People of the State of New York, Respondent, v. Raphael Torres, Appellant.

Court of Appeals of the State of New York.

Decided February 4, 1986.

Attorney(s) appearing for the Case

David Samel and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Kevin Lubin and Billie Manning of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur; Judge HANCOCK, JR., taking no part.

MEMORANDUM.

The order of the Appellate Division should be modified by vacating the sentence, and the case remitted to Supreme Court, Bronx County, with instructions to resentence appellant before a different Judge.

The People admit violation of their promise to take no position regarding sentence, but contend defendant has failed to preserve this issue for review. However...

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