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PEOPLE v. BATTEASE

103647.

93 A.D.3d 888 (2012)

939 N.Y.S.2d 194

2012 NY Slip Op 1522

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP P. BATTEASE, Appellant.

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

Decided March 1, 2012.

LAHTINEN, J.

The facts are set forth in our decision in defendant's prior appeal (74 A.D.3d 1571 [2010], lv denied 15 N.Y.3d 849 [2010]). In that appeal, we reversed defendant's conviction on two of the five counts of which he had been convicted, vacated the sentence, and remitted for resentencing on the remaining three counts (id. at 1577-1578). Upon remittal, County Court sentenced...

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