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PEOPLE v. McKINNEY

215 A.D.2d 407 (1995)

625 N.Y.S.2d 667

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

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

May 1, 1995

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

By pleading guilty, the defendant waived any challenge to the sufficiency of the evidence before the Grand Jury (see, People v Dunbar, 53 N.Y.2d 868; People v Contestabile<...

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