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PEOPLE v. ALLEN

267 A.D.2d 982 (1999)

700 N.Y.S.2d 904

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID M. ALLEN, Appellant.

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

Decided December 30, 1999.

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Wayne County Court for further proceedings in accordance with the following Memorandum: The People candidly concede that defendant's conviction under count two of the indictment is illegal because defendant did not plead guilty to that count (see generally, People v Irwin, 166 A.D.2d 924). The People further concede that the sentence under count...

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