PEOPLE v. AYBAR


202 A.D.2d 600 (1994)

610 N.Y.S.2d 818

The People of the State of New York, Respondent, v. Jose Aybar, Appellant

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

March 21, 1994


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

The defendant contends, and the People correctly concede, that the imposition of a sentence of 12½ to 25 years' imprisonment for manslaughter in the first degree was illegal...

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