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PEOPLE v. DAVIS

30 A.D.3d 298 (2006)

818 N.Y.S.2d 37

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SYLVESTER DAVIS, Appellant.

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

June 22, 2006.

The court properly exercised its discretion in resentencing defendant without the aid of an updated presentence report. Upon defendant's appeal from his original conviction of first-degree robbery and sentence of 18 years, this Court concluded that the affirmative defense under Penal Law § 160.15 (4) should have been charged, and that "[u]nder the circumstances of the case, reduction of the conviction to robbery in the second...

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