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PEOPLE v. FRANCIS

2011-04193.

100 A.D.3d 1017 (2012)

954 N.Y.S.2d 626

2012 NY Slip Op 8152

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY FRANCIS, Appellant.

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

November 28, 2012.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Westchester County, for resentencing before a different Judge in accordance herewith.

The defendant contends that the County Court improperly considered materially untrue assumptions and charges of which he...

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