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PEOPLE v. THATCHER

2010-04875.

85 A.D.3d 1065 (2011)

925 N.Y.S.2d 855

2011 NY Slip Op 5534

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANTE THATCHER, Appellant.

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

Decided June 21, 2011.

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

Although the defendant contends that the Supreme Court erred in denying his Batson challenge (see Batson v Kentucky, 476 U.S. 79 [1986...

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