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PEOPLE v. JAMES

188 A.D.2d 550 (1992)

The People of the State of New York, Respondent, v. Michael James, Appellant

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

December 14, 1992

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing in accordance herewith.

Contrary to the defendant's contention, there is no basis to vacate his plea of guilty. We note that the sentence of 1 to 3 years imprisonment was not excessive. However, inasmuch as the court...

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