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PEOPLE v. DOWNES

2011-06025.

102 A.D.3d 705 (2013)

956 N.Y.S.2d 897

2013 NY Slip Op 105

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN DOWNES, Appellant.

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

Decided January 9, 2013.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for further proceedings consistent herewith.

The defendant pleaded guilty to grand larceny in the third degree in exchange for, among other things, imposition of an indeterminate term...

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