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PEOPLE v. YANT

251 A.D.2d 435 (1998)

674 N.Y.S.2d 698

The People of the State of New York, Respondent, v. Terry G. Yant, Appellant

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

June 8, 1998

Ordered that the amended judgment is affirmed.

In People v Yant (223 A.D.2d 747), this Court vacated the sentence imposed upon the appellant and remitted the matter to the County Court, Dutchess County, for resentencing based on the misapprehension by the court regarding its discretion under Penal Law § 70.25 (4) to impose concurrent sentences. However, upon resentencing, the court improperly imposed a sentence which...

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