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PEOPLE v. JOSEPH, III

KA 10-00123.

90 A.D.3d 1646 (2011)

935 N.Y.S.2d 808

2011 NY Slip Op 9712

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND E. JOSEPH, III, Appellant.

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

Decided December 30, 2011.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the amount of restitution ordered and as modified the order is affirmed, and the matter is remitted to Genesee County Court for a new hearing in accordance with the following memorandum: Defendant was convicted following a jury trial of burglary in the third degree (Penal Law § 140.20) and, after being sentenced to a term of...

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