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PEOPLE v. HAYHURST

814 KA 12-00683.

108 A.D.3d 1233 (2013)

969 N.Y.S.2d 710

2013 NY Slip Op 5422

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW HAYHURST, Appellant.

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

Decided July 19, 2013.

Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered March 16, 2012. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.

It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice by reducing the sentence to a determinate term of imprisonment of 3½ years and as...

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