PEOPLE v. SMALLS


162 A.D.2d 642 (1990)

The People of the State of New York, Respondent, v. Jerome Smalls, Appellant

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

June 18, 1990


Ordered that the resentence, as amended, is modified, on the law, by deleting the provision that certain of the sentences shall run consecutively and substituting therefor a provision that all of the sentences shall run concurrently to one another; as so modified, the resentence is affirmed.

The court was without authority to vacate the sentence imposed February 24, 1988, upon the failure of the defendant to keep his promise to testify truthfully at the codefendant...

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