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PEOPLE v. JAMES

1346 KA 12-00823.

114 A.D.3d 1312 (2014)

980 N.Y.S.2d 698

2014 NY Slip Op 1092

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELLIOTT I. JAMES, Also Known as PIG, Appellant.

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

Decided February 14, 2014.

Appeal from a resentence of the Cattaraugus County Court (Larry M. Himelein, J.), rendered April 9, 2012. Defendant was resentenced upon his conviction of criminal possession of a controlled substance in the third degree.

It is hereby ordered that the resentence so appealed from is unanimously vacated on the law and the matter is remitted to Cattaraugus County Court for further proceedings in accordance with the following...

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