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PEOPLE v. APONTE

129 A.D.2d 583 (1987)

The People of the State of New York, Respondent, v. Phillip Aponte, Appellant

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

April 6, 1987

Ordered that the judgment is modified by vacating the sentence; as so modified, the judgment is affirmed and the matter is remitted to the Supreme Court, Kings County, for resentence in accordance herewith.

The People concede that the court pronounced sentence without first receiving a presentence investigation report. This was error (see, CPL 390.20; People v Lucas, 119 A.D.2d 700, lv denied 68 N.Y.2d 670;...

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