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PEOPLE v. BURNS

279 A.D.2d 586 (2001)

719 N.Y.S.2d 667

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY BURNS, Appellant.

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

Decided January 22, 2001.

Ordered that the sentence is modified, on the law, by reducing the term of imprisonment imposed on the defendant's conviction of sexual abuse in the first degree from 3½ to 7 years imprisonment to 3 to 6 years imprisonment; as so modified, the sentence is affirmed.

The court was not authorized to unilaterally impose an enhanced sentence based upon its conclusion that in protesting his innocence during a pre-sentence...

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