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PEOPLE v. DUNN

270 A.D.2d 284 (2000)

705 N.Y.S.2d 376

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD DUNN, Appellant.

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

Decided March 6, 2000.

Ordered that the judgment is reversed insofar as appealed from, the sentence is vacated, and the matter is remitted to the County Court, Dutchess County, for resentencing in accordance herewith.

The court sentenced the defendant, as promised, to an indeterminate term of imprisonment of 9 to 18 years and imposed a $150 surcharge and a $5 criminal victim's assistance fee. After the negotiated sentence was imposed, the prosecutor...

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