PEOPLE v. VANVALKINBURGH

KA 11-01406.

90 A.D.3d 1553 (2011)

934 N.Y.S.2d 904

2011 NY Slip Op 9449

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES VANVALKINBURGH, Appellant.

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

Decided December 23, 2011.


It is hereby ordered that the resentence so appealed from is unanimously reversed on the law and the matter is remitted to Supreme Court, Erie County, for resentencing.

Memorandum: Defendant appeals from a resentence upon his conviction of three counts of rape in the third degree (Penal Law § 130.25 [2]). Defendant's contentions regarding the severity of his resentence are encompassed by the valid waiver of the right...

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