PEOPLE v. MITNICK

2006-1487 N CR.

2008 NY Slip Op 51461 (U)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SADIE R. MITNICK, Appellant.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 16, 2008.


Judgment of conviction modified as a matter of discretion in the interest of justice by vacating the sentence imposed, remitting the fine, if paid, and remanding the matter to the court below for resentencing.

The only issues raised by defendant pertain to her sentence and resentence. With respect to the resentencing of January 11, 2007, this resentencing by written decision was invalid, as it took place in violation of defendant's right to be present (see...

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