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PEOPLE v. SANTOS

13 A.D.3d 258 (2004)

785 N.Y.S.2d 922

THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. ISRAEL SANTOS, Appellant.

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

December 21, 2004.

Since the record does not support a finding that defendant violated a plea condition requiring him to be truthful with the Department of Probation (compare People v Hicks, 98 N.Y.2d 185 [2002]), the court improperly imposed an enhanced sentence. We conclude that reduction of defendant's sentence to the originally bargained-for term would be an appropriate remedy under the...

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