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PEOPLE v. JOSEPH

KA 10-00123.

2011 NY Slip Op 09712

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RAYMOND E. JOSEPH, III, DEFENDANT-APPELLANT.

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

Decided December 30, 2011.

Attorney(s) appearing for the Case

GARY A. HORTON , PUBLIC DEFENDER, BATAVIA ( BRIDGET L. FIELD OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN , DISTRICT ATTORNEY, BATAVIA ( WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, GREEN, AND MARTOCHE, JJ.

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 incarceration, he was ordered following a hearing...

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