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PEOPLE v. ASARO

268 A.D.2d 529 (2000)

704 N.Y.S.2d 479

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

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

Decided January 24, 2000.

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

Contrary to the defendant's contention, the court's charge on accessory liability was proper (see, People v Kaplan, 76 N.Y.2d 140).

The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80).

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