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PEOPLE v. SMITH

2012-05146, Ind. No. 3794/11.

127 A.D.3d 790 (2015)

6 N.Y.S.3d 282

2015 NY Slip Op 02793

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENDAL SMITH, Appellant.

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

Decided April 1, 2015.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Balter, J.), rendered May 15, 2012, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing...

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