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PEOPLE v. SOSTRE

11184, & 4730/09-5661.

111 A.D.3d 579 (2013)

975 N.Y.S.2d 664

2013 NY Slip Op 7861

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SOSTRE, Appellant.

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

Decided November 26, 2013.

Appeal from judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered January 19, 2011, convicting defendant, after a jury trial, of two counts of assault in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 12 years, unanimously dismissed, and the matter remanded to Supreme Court for proceedings to vacate the judgment and dismiss the indictment (see People v Matteson, 75 N.Y.2d 745

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