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PEOPLE v. ROVINSKY

2013-06907, Ind. No. 2389A-11.

135 A.D.3d 969 (2016)

22 N.Y.S.3d 910

2016 NY Slip Op 00526

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH ROVINSKY, Appellant.

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

Decided January 27, 2016.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the adjudication of the defendant as a second felony offender and the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for resentencing in accordance herewith.

The defendant's contention that his plea was not valid because he had a justification...

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