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PEOPLE v. KELLY

KA 09-02177.

96 A.D.3d 1688 (2012)

946 N.Y.S.2d 914

2012 NY Slip Op 5290

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN KELLY, Appellant.

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

June 29, 2012.

It is hereby ordered that the resentence so appealed from is unanimously reversed on the law, the original sentence is reinstated and the matter is remitted to Onondaga County Court for proceedings pursuant to CPL 470.45.

Memorandum: Defendant appeals from a resentence pursuant to which, following a hearing, County Court sentenced him to a five-year period of postrelease supervision. As the People correctly concede, the...

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