PEOPLE v. VERHOW

KA 09-02521.

83 A.D.3d 1528 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BARRY K. VERHOW, Appellant.

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

Decided April 29, 2011.


It is hereby ordered that the order so appealed from is unanimously reversed on the law, the sentence is set aside and the matter is remitted to Wayne County Court for further proceedings in accordance with the following Memorandum: As defendant contends and the People correctly concede, County Court erred in denying defendant's pro se motion pursuant to CPL article 440 insofar as it sought to set aside the sentence imposed upon his conviction of burglary in the first degree...

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