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PEOPLE v. LEE

243 A.D.2d 728 (1997)

665 N.Y.S.2d 314

The People of the State of New York, Respondent, v. Peter Lee, Appellant

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

October 27, 1997

Ordered that the judgment is modified, on the law, by vacating the sentence imposed on the conviction of attempted burglary in the second degree; as so modified, the judgment is affirmed and matter is remitted to the County Court, Nassau County, for resentencing on that conviction.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620

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