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PEOPLE v. JAMES

31 KA 09-01204.

92 A.D.3d 1207 (2012)

937 N.Y.S.2d 798

2012 NY Slip Op 995

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELLIOTT I. JAMES, Also Known as PIG, Appellant.

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

Decided February 10, 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 Cattaraugus County Court for the filing of a predicate felony statement and resentencing in accordance with the following memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal possession of a controlled...

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