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PEOPLE v. MELVIN

11 A.D.3d 639 (2004)

782 N.Y.S.2d 682

THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. JOHN MELVIN, JR., Appellant.

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

October 18, 2004.

Ordered that the appeal from the judgment is dismissed, as the judgment was superseded by the amended judgment; and it is further,

Ordered that the amended judgment is modified, on the law, by vacating the provisions of the sentence concerning restitution; as so modified, the amended judgment is affirmed, and the matter is remitted to the County Court, Orange County, for a hearing and a new determination concerning the proper amount of restitution and the manner of...

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