PEOPLE v. MILLER


57 A.D.3d 1009 (2008)

869 N.Y.S.2d 793

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE MILLER, JR., Appellant.

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

December 30, 2008.


Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the terms of concurrent imprisonment imposed as a condition of the defendant's probation; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60...

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