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PEOPLE v. SMITH

270 A.D.2d 366 (2000)

704 N.Y.S.2d 868

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

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

Decided March 13, 2000.

Ordered that the judgment is modified on the law and the facts by reducing the conviction of robbery in the second degree to robbery in the third degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing.

We agree with the defendant that the audio tape recording of a telephone call to the 911 emergency number...

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