The order of the Appellate Division should be modified by vacating the sentence of probation under superior court information 320/89 and remitting the case to County Court for resentencing in accordance with this memorandum and, as so modified, affirmed.
On May 7, 1989, defendant attempted to cash a stolen check at the Arlington Bar and Grill in Poughkeepsie. In an unrelated incident occurring five months...
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