PEOPLE v. McFADDEN

2009-10066.

106 A.D.3d 1020 (2013)

965 N.Y.S.2d 582

2013 NY Slip Op 3690

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRANDON McFADDEN, Appellant.

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

Decided May 22, 2013.


Ordered that, upon remittitur from the Court of Appeals, the judgment is modified, on the facts, by reducing the defendant's conviction of criminal possession of a controlled substance in the third degree to criminal possession of a controlled substance in the seventh degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for the imposition of a sentence of time served on...

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