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PEOPLE v. CABAN

246 A.D.2d 438 (1998)

668 N.Y.S.2d 181

The People of the State of New York, Respondent, v. Douglas Caban, Appellant

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

January 22, 1998

On appeal, defendant challenges only the excessiveness of his sentence, urging that in the course of sentencing proceedings, the court made explicit reference to his alleged association with a notorious criminal gang (the "Wild Cowboys"), for which defendant was depicted as drug supplier. Defendant argues that this assumption of the sentencing court had no factual foundation whatsoever, and to the extent that this factor became...

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