PEOPLE v. SOUFFRANCE

2009-03489.

94 A.D.3d 1024 (2012)

942 N.Y.S.2d 180

2012 NY Slip Op 2900

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARDOUCHE SOUFFRANCE, Appellant.

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

Decided April 17, 2012.


Ordered that the amended judgment is reversed, on the law and in the exercise of discretion, and the matter is remitted for further proceedings consistent herewith, before a different Justice, and for a new determination thereafter.

The defendant was originally sentenced, upon his conviction of rape in the second degree, inter alia, to a term of probation. The defendant's term of probation was subsequently revoked based, in large part, upon the defendant's failure...

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