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PEOPLE v. FRANKOWSKI

2009-636 SCR.

31 Misc.3d 45 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOHN FRANKOWSKI, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided February 16, 2011.

Attorney(s) appearing for the Case

Thomas J. Spota III , District Attorney, Lindenhurst ( Joseph Wilson of counsel), and Edward J. Guardaro, Jr. , White Plains, for appellant.

MOLIA, J.P., and LACAVA, J., concur; TANENBAUM, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

ORDERED that the sentence is reversed, on the law, and the matter is remitted to the District Court for resentencing in accordance with this decision and order.

After a nonjury trial, defendant was convicted of, among other things, storing or maintaining two unlicensed motor vehicles on his property without displaying valid license plates (Code of Town of Babylon...

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