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PEOPLE v. FARRAR

2018-10771.

200 A.D.3d 1068 (2021)

155 N.Y.S.3d 797

2021 NY Slip Op 07554

The People of the State of New York, Respondent, v. Shawn Farrar, Appellant.

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

Decided December 29, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Kristina Schwarz of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Sharon Y. Brodt , and Russell Shapiro of counsel), for respondent.

Maltese, J.P., Duffy, Iannacci and Ford, JJ., concur.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he is not entitled to vacatur of his conviction and dismissal of the accusatory instrument based upon the sentencing court's error in pronouncing the sentence (see People v Sparber, 10 N.Y.3d 457, 471-472 [2008]; People v Sturgis, 69 N.Y.2d 816, 818 [1987]). Since the defendant is not entitled to the only...

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