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PEOPLE v. SMITH

33 A.D.3d 943 (2006)

822 N.Y.S.2d 460

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TROY SMITH, Appellant.

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

Decided October 24, 2006.

Ordered that the judgment under indictment No. 02-00025 is modified, on the law, by vacating the sentence imposed for the conviction of criminal possession of a weapon in the third degree; as so modified, the judgment under Orange County indictment No. 02-00025 is affirmed, and the matter is remitted to the County Court, Orange County for resentencing in accordance herewith; and it is further,

Ordered that the judgment rendered under indictment No. 02-00348 is affirmed...

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