PEOPLE v. PHELPS

KA 08-01799.

91 A.D.3d 1276 (2012)

937 N.Y.S.2d 495

2012 NY Slip Op 545

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALINA PHELPS, Appellant.

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

Decided January 31, 2012.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Steuben County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]). We agree with defendant that County...

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