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PEOPLE v. ERRINGTON

307 A.D.2d 325 (2003)

762 N.Y.S.2d 524

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JARED ERRINGTON, Appellant.

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

Decided July 21, 2003.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by 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 by a different Justice.

The sentencing court's remarks demonstrated that it improperly considered crimes of which the defendant was acquitted as a basis for sentencing...

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