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PEOPLE v. KIRKLAND

89 N.Y.2d 903 (1996)

675 N.E.2d 1208

653 N.Y.S.2d 256

The People of the State of New York, Appellant, v. Anthony Kirkland, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1996.

Attorney(s) appearing for the Case

Howard R. Relin, District Attorney of Monroe County, Rochester (Wendy Evans Lehmann of counsel), for appellant.

Edward J. Nowak, Public Defender of Monroe County, Rochester (Stephanie J. Batcheller of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, and the case remitted to that Court for consideration of the facts (see, CPL 470.25 [2] [d]; 470.40 [2] [b]).

After a jury trial, defendant was convicted of two counts of grand larceny in the fourth degree and two counts of petitlarceny. Defendant was sentenced to two to four years' imprisonment on each felony count and one year on each misdemeanor...

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