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PEOPLE v. MALISZEWSKI

60 A.D.3d 1435 (2009)

876 N.Y.S.2d 266

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETER J. MALISZEWSKI, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 20, 2009.

It is hereby ordered that the resentence so appealed from is affirmed.

Memorandum: Defendant appeals from a resentence imposed upon remittal of this matter to County Court (People v Maliszewski, 49 A.D.3d 1165 [2008]). In the prior appeal from a judgment convicting defendant upon his plea of guilty of burglary in the third degree (Penal Law § 140.20), we agreed with defendant that the court erred in "enhancing his sentence...

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