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PEOPLE v. WARNER

186 A.D.2d 449 (1992)

The People of the State of New York, Respondent, v. Jeffrey Warner, Appellant

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

October 20, 1992

Defendant's argument that the court erred in imposing a fine without determining the amount of his gain from the crime, and without advising him that he could obtain a resentencing if unable to pay the fine, is academic since the record does not show that a fine was ever actually imposed. All the record shows is that a sentence involving a fine was offered; it does not show that such was accepted or imposed.

The sentence...

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