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PEOPLE v. ASARO

94 N.Y.2d 792 (1999)

721 N.E.2d 956

699 N.Y.S.2d 706

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICENT ASARO, Appellant.

Court of Appeals of the State of New York.

Decided October 26, 1999.

Attorney(s) appearing for the Case

Schapiro & Reich, Lindenhurst (Perry S. Reich and Steven M. Schapiro of counsel), and Mahler, Miller, Harris & Engel, P. C., Kew Gardens (Stephen R. Mahler of counsel), for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Lisa Drury and John M. Castellano of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT Concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, by dismissing the counts of the indictment charging defendant with forgery in the second degree and criminal possession of a forged instrument in the second degree and remitting the case to Supreme Court for resentencing and, as modified, affirmed.

Following a jury trial defendant was convicted of forgery in the second degree (Penal Law § 170.10 [2]), criminal...

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