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PEOPLE v. EDREES

2011-03394 (Docket No. 20596V/08)

123 A.D.3d 842 (2014)

999 N.Y.S.2d 86

2014 NY Slip Op 08660

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AHMED EDREES, Appellant.

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

Decided December 10, 2014.

Ordered that the judgment is modified, on the law, by vacating the convictions of attempted aggravated harassment in the second degree pursuant to Penal Law §§ 110.00, 240.30 (1) (a) and (b) and vacating the sentences imposed thereon; as so modified, the judgment is affirmed.

"Where a substantive criminal statute has been held unconstitutional, there is no alternative but to give the decision retroactive effect...

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