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PEOPLE v. STITH

1004 KA 08-00429.

66 A.D.3d 1512 (2009)

886 N.Y.S.2d 787

2009 NY Slip Op 7286

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHONCIE STITH, Appellant.

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

Decided October 9, 2009.

It is hereby ordered that the order so appealed from is unanimously modified on the law by deleting those parts vacating the sentence imposed February 24, 2004 and imposing a new sentence and as modified the order is affirmed, the sentence imposed January 30, 2008 is vacated, and the matter is remitted to Onondaga County Court for further proceedings in accordance with the following memorandum: Defendant appeals from an order pursuant...

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