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PEOPLE v. ARMSTRONG

60 A.D.3d 779 (2009)

874 N.Y.S.2d 574

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEMETRIUS ARMSTRONG, Appellant.

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

Decided March 10, 2009.

Ordered that the amended judgment is affirmed.

The defendant contends that the sentence imposed upon the revocation of the probationary sentence was excessive. Upon a finding that the defendant had violated probation, the County Court was authorized to revoke probation and sentence the defendant for the original crime (see CPL 410.70 [5]; People v Costanza, 36 A.D.3d 829, 830 [2007]). Here, under the circumstances...

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