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PEOPLE v. PENSON

38 A.D.3d 866 (2007)

834 N.Y.S.2d 210

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES PENSON, Appellant.

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

Decided March 27, 2007.

Ordered that the order is affirmed, without costs or disbursements.

The defendant is correct that the Supreme Court failed to set forth the findings of fact and conclusions of law upon which its determination was based, as required by Correction Law § 168-n (3). However, remittitur is not required because the record is sufficient for this Court to make its own findings of fact and conclusions of law (cf. People v...

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