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PEOPLE v. DiSALVO

2013-07651

130 A.D.3d 841 (2015)

12 N.Y.S.3d 555

2015 NY Slip Op 06164

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT L. DiSALVO, Appellant.

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

Decided July 15, 2015.

Ordered that the judgment is modified, on the law, by vacating the provision of the sentence imposing a $5,000 fine; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).

Contrary to the defendant's contention, the County Court was permitted to sentence him to a period of probation. A conviction of failure to pay wages...

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