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PEOPLE v. CARABALLO

2009-09932.

79 A.D.3d 902 (2010)

913 N.Y.S.2d 704

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH CARABALLO, Appellant.

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

Decided December 14, 2010.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing.

As correctly conceded by the People, the defendant was improperly sentenced as a second violent felony offender. In People v Dickerson (85 N.Y.2d 870, 871-872 [1995]), the Court...

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