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PEOPLE v. REDMOND

41 A.D.3d 514 (2007)

837 N.Y.S.2d 710

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID REDMOND, Appellant.

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

Decided June 5, 2007.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for a new second felony offender hearing and resentencing.

The trial court properly admitted into evidence a tape recording of a telephone call between the defendant and the victim (see People v McGee, 49 N.Y.2d...

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