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PEOPLE v. GONZALEZ

53 A.D.3d 507 (2008)

859 N.Y.S.2d 569

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHANNES GONZALEZ, Appellant.

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

Decided July 1, 2008.

Ordered that the order is affirmed, and the matter is remitted to the County Court, Westchester County, to afford the defendant an opportunity to withdraw his application for resentencing before any resentence is imposed.

Contrary to the People's contention, the defendant did not waive his right to challenge the proposed resentence as excessive (see People v Schreter, 50 A.D.3d 930 [2008]; People v Love,

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