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PEOPLE v. BROWN

2008-04887.

71 A.D.3d 1043 (2010)

896 N.Y.S.2d 873

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TORRELL BROWN, Appellant.

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

Decided March 23, 2010.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the determinate term of 12 years imprisonment to a determinate term of nine years imprisonment; as so modified, the judgment is affirmed.

The Supreme Court providently exercised its discretion in declining to impose any sanction against the People for the loss of Rosario material (People v Rosario, 9 N.Y.2d 286

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