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PEOPLE v. GONZALEZ

2006-06304.

2008 NY Slip Op 06168

THE PEOPLE, ETC., respondent, v. JOHANNES GONZALEZ, appellant.

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

Decided July 1, 2008.

Attorney(s) appearing for the Case

John R. Lewis, Sleepy Hollow, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Before: A. GAIL PRUDENTI, P.J., ROBERT A. SPOLZINO, FRED T. SANTUCCI, DANIEL D. ANGIOLILLO, RANDALL T. ENG, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, and the matter is remitted to the County Court, Westchester County, to afford the defendant an opportunity to withdraw his application for resentencing before any resentence is imposed.

Contrary to the People's contention, the defendant did not waive his right to challenge the proposed resentence as excessive (see People v. Schreter, 50 A.D.3d 930; People...

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