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PEOPLE v. CUNNINGHAM

13 A.D.3d 1118 (2004)

786 N.Y.S.2d 677

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES CUNNINGHAM, Appellant.

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

December 30, 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 criminal possession of a weapon in the third degree and as modified the judgment is affirmed, and the matter is remitted to Erie County Court for resentencing on count two of the indictment.

Memorandum:

Defendant appeals from a judgment convicting him after a jury...

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