PEOPLE v. NICOL

1493 KA 08-00979

68 A.D.3d 1715 (2009)

2009 NY Slip Op 9802

891 N.Y.S.2d 804

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN NICOL, Appellant.

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

Decided December 30, 2009.


It is hereby ordered that the order so appealed from is unanimously modified on the law by deleting those parts vacating the sentence imposed June 15, 2004 and imposing a new sentence and as modified the order is affirmed, the sentence imposed February 26, 2008 is vacated, and the matter is remitted to Onondaga County Court for further proceedings in accordance with the following memorandum: Defendant appeals from an order pursuant to the 2005 Drug Law Reform Act ([DLRA-2...

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