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PEOPLE v. RHODES

KA 10-02351.

91 A.D.3d 1280 (2012)

937 N.Y.S.2d 500

2012 NY Slip Op 550

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRENDAN J. RHODES, 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 as a matter of discretion in the interest of justice and on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Allegany County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of robbery in the first...

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