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PEOPLE v. HOLCOMB

61 A.D.3d 1356 (2009)

876 N.Y.S.2d 813

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHELBY HOLCOMB, Appellant. (Appeal No. 2.)

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

Decided April 24, 2009.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence imposed for criminal possession of stolen property in the third degree and as modified the judgment is affirmed, and the matter is remitted to Erie County Court for resentencing on count five of the indictment.

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of robbery in

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