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PEOPLE v. FOXWORTH

2010-04791.

84 A.D.3d 1114 (2011)

923 N.Y.S.2d 206

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. STEPHANIE FOXWORTH, Respondent.

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

Decided May 17, 2011.

Ordered that the resentence is reversed, on the law, and the original sentence imposed on July 18, 2001, is reinstated.

Contrary to the defendant's contention, the People may appeal from the resentence. The Legislature has permitted the People to appeal from a sentence that the People allege is invalid as a matter of law (see CPL 450.20 [4]; 450.30 [2]), and the People also are permitted to appeal from a resentence that the People allege is invalid as a matter...

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