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PEOPLE v. JENKINS

248 A.D.2d 486 (1998)

669 N.Y.S.2d 509

The People of the State of New York, Respondent, v. Eugene Jenkins, Appellant

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

March 9, 1998

Ordered that the judgment is modified, on the law, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the case is remitted to the Supreme Court, Kings County, for resentencing in accordance with the procedures set forth in CPL 400.15.

The defendant contends, and the People correctly concede, that he was improperly sentenced. The defendant was sentenced without substantial compliance...

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