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PEOPLE v. SMITH

269 A.D.2d 778 (2000)

703 N.Y.S.2d 849

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRYAN SMITH, Appellant.

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

Decided February 16, 2000.

Order unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant contends that County Court erred in denying his CPL 440.20 (1) motion on the ground that the imposition of consecutive sentences for his conviction of rape in the first degree, sodomy in the first degree, robbery in the first degree and unauthorized use of a motor vehicle in the first degree is illegal under Penal Law § 70.25 (2). The People candidly...

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