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PEOPLE v. EVERLE

2009-1793 ROCR.

37 Misc.3d 58 (2012)

954 N.Y.S.2d 401

2012 NY Slip Op 22263

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT EVERLE, Appellant.

Supreme Court, Appellate Term, Second Department.

September 13, 2012.

Attorney(s) appearing for the Case

Ostrer Rosenwasser, LLP, Chester ( David M. Hoovler of counsel), for appellant. Thomas P. Zugibe , District Attorney, New City ( Itamar J. Yeger and Anthony R. Dellicarri of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgments of conviction are modified, on the law, by deleting the provision of the sentence forbidding defendant from selling or mortgaging any real estate he owns or from divesting himself of any of his assets until the restitution is paid in full or a judgment is entered; as so modified, the judgments of conviction are affirmed.

Following a jury trial, defendant was convicted, based on two accusatory...

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