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PEOPLE v. GRACI

275 A.D.2d 421 (2000)

712 N.Y.S.2d 866

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TARA ANN GRACI, Appellant.

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

Decided August 21, 2000.

Ordered that the amended sentence is reversed, on the law, and the matter is remitted to the County Court, Suffolk County, for resentencing in accordance herewith.

Since the original sentence, as well as the amended sentence, was imposed by the court without the benefit of a pre-sentence report prepared by the Department of Probation, the defendant is entitled to vacatur of the amended sentence (see, CPL 390.20; People v Selikoff, 35...

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