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PEOPLE v. ROBERTS

2014-10476, Ind. No. 1683/13.

139 A.D.3d 1092 (2016)

30 N.Y.S.3d 829

2016 NY Slip Op 04078

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

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

Decided May 25, 2016.

Ordered that the judgment is modified, on the law, by vacating the provision of the sentence imposing a fine in the sum of $5,000; as so modified, the judgment is affirmed.

The County Court improperly enhanced the defendant's sentence with a fine that was not part of the negotiated plea agreement (see People v Legette, 131 A.D.3d 546, 547 [2015]; People v Rossetti, 55 A.D.3d 637...

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