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PEOPLE v. BARRETT

5 A.D.3d 1023 (2004)

773 N.Y.S.2d 720

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CORY S. BARRETT, Appellant. (Appeal No. 2.)

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

March 19, 2004.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the sentence imposed on aggravated unlicensed operation of a motor vehicle in the first degree and as modified the judgment is affirmed, and the matter is remitted to Ontario County Court for resentencing on count two of the indictment.

Memorandum:

As the People concede, the sentence imposed on defendant's conviction of aggravated unlicensed...

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