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PEOPLE v. REILLY

93 Misc.2d 61 (1978)

The People of the State of New York, Respondent, v. James Reilly, Appellant.

Supreme Court, Appellate Term, First Department.

January 26, 1978

Attorney(s) appearing for the Case

Bernstein, Hurley & Premisler (Michael M. Premisler of counsel), for appellant. Robert M. Morgenthau, District Attorney (Allen Alpert and Donald J. Siewert of counsel), for respondent.

Concur: HUGHES, J. P., TIERNEY and ASCH, JJ.

Per Curiam.

Judgment of conviction rendered August 26, 1976 (M. MARVIN BERGER, J.) modified by reversing it, as a matter of discretion in the interest of justice, with respect to the sentence and sentencing the defendant to a term of probation of three years upon the conditions specified in section 65.10 of the Penal Law and the conditions specified by the sentencing court and, as modified, affirmed.

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