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PEOPLE v. CONCEPCION

2011-353 WCR.

41 Misc.3d 1 (2013)

972 N.Y.S.2d 818

2013 NY Slip Op 23115

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN CONCEPCION, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided April 8, 2013.

Attorney(s) appearing for the Case

Turner & Turner, Tarrytown ( Frederick W. Turner of counsel), for appellant. Janet DiFiore , District Attorney, White Plains ( Laurie Sapakoff and Steven Bender of counsel), for respondent.

IANNACCI, J.P., MARANO and TOLBERT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the amended judgment is reversed, on the law and facts, the sentence imposed on December 21, 2010 is vacated, and the violation of probation petition is dismissed.

On June 22, 2009, defendant was convicted, upon his plea of guilty, of violating Penal Law § 220.03, criminal possession of a controlled substance...

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