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PEOPLE v. RICKS

KA 10-01756.

90 A.D.3d 1562 (2011)

935 N.Y.S.2d 421

2011 NY Slip Op 9460

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS C. RICKS, 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 in accordance with the following memorandum: Defendant appeals from a resentence pursuant to which Supreme Court sentenced him as a second felony offender. On a prior appeal, we modified the judgment convicting defendant upon his plea of guilty of, inter alia, five...

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