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PEOPLE v. O'HARA

191 Misc.2d 248 (2002)

741 N.Y.S.2d 673

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOHN O'HARA, Defendant.

Supreme Court, Kings County.

April 15, 2002.

Attorney(s) appearing for the Case

Rochman, Platzer, Fallick & Sternheim, New York City (Barry M. Fallick of counsel), for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Anthea H. Brufee of counsel), for plaintiff.

OPINION OF THE COURT

ABRAHAM G. GERGES, J.

The defendant previously moved to vacate the judgment and to vacate portions of the sentence. By order of this court dated February 25, 2002, the court denied the motion to vacate the judgment, denied the motion to vacate the order of restitution and fine, held in abeyance pending receipt of briefs the issue of whether the civil penalty was legal and ordered a hearing...

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