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PEOPLE v. PACCIONE

2008-01709.

74 A.D.3d 1362 (2010)

903 N.Y.S.2d 265

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY PACCIONE, Appellant.

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

Decided June 29, 2010.

Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

We reverse the order dated February 4, 2008, which, in effect, resentenced the defendant, for the reasons set forth in our decision on a companion appeal (see People v Paccione, 74 A.D.3d 1363 [2010] [decided herewith]). Accordingly, the matter must be remitted to...

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