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PEOPLE v. PARKS

2011-11314, Ind. No. 11-00500.

111 A.D.3d 653 (2013)

974 N.Y.S.2d 277

2013 NY Slip Op 7199

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

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

Decided November 6, 2013.

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered November 18, 2011, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for resentencing in accordance...

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