PEOPLE v. MASTROPIETRO


198 A.D.2d 443 (1993)

604 N.Y.S.2d 149

The People of the State of New York, Appellant-Respondent, v. Cesar Mastropietro, Respondent-Appellant

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

November 22, 1993


Ordered that the cross appeal is dismissed as abandoned; and it is further,

Ordered that the sentence is reversed, on the law, the court's determination that the statutory minimum sentence for a persistent violent felony offender was unconstitutional as applied to the defendant is vacated; and the matter is remitted to the Supreme Court, Westchester County, for resentencing.

In October 1990 following a nonjury trial, the defendant was found guilty, inter...

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