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PEOPLE v. BERGOS

170 A.D.2d 611 (1991)

The People of the State of New York, Respondent, v. Hector Bergos, Appellant

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

February 19, 1991

Ordered that the judgment is modified, as an exercise of discretion in the interest of justice, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to Supreme Court, Kings County, for resentencing.

The record supports a finding that the gun that was seized by police after the defendant was stopped for a traffic infraction was in plain view in the defendant's car...

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