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PEOPLE v. CASSESE

58 A.D.3d 639 (2009)

871 N.Y.S.2d 350

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDIE J. CASSESE, Appellant.

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

January 13, 2009.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Dutchess County, for resentencing in accordance herewith.

The County Court did not err in denying suppression of the physical evidence that the police seized when they searched the defendant's residence pursuant to a warrant based on probable cause (see People v Corr,

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