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PEOPLE v. SCHRADER

23 A.D.3d 585 (2005)

806 N.Y.S.2d 613

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC SCHRADER, Appellant.

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

November 21, 2005.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for resentencing by a different judge.

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

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