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PEOPLE v. OPPENHEIMER

240 A.D.2d 437 (1997)

658 N.Y.S.2d 1014

The People of the State of New York, Respondent, v. Antonio Oppenheimer, Appellant

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

June 2, 1997

Ordered that the judgment is modified, on the law, by vacating the sentence imposed upon the conviction of grand larceny in the third degree under the second count of the indictment; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Westchester County, for resentencing on that count in compliance with Penal Law §§ 60.05 and 70.06.

The defense counsel's failure to take action...

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