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PEOPLE v. FRANCO

55 A.D.3d 319 (2008)

864 N.Y.S.2d 310

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NEMENCIO FRANCO, Appellant.

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

October 7, 2008.

The court properly recognized the degree of discretion it possessed (compare People v Arana, 32 A.D.3d 305 [2006]), and providently exercised it. There is no basis for disturbing the court's determination that resentencing was not warranted, particularly in view of the serious aggravating factors surrounding the underlying crime (see e.g. People v Vasquez, 41 A.D...

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