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PEOPLE v. McDONALD

47 KA 14-00040.

158 A.D.3d 1065 (2018)

70 N.Y.S.3d 683

2018 NY Slip Op 00657

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISAAC L. McDONALD, Appellant.

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

Decided February 2, 2018.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence imposed on count three of the superior court information and as modified the judgment is affirmed, and the matter is remitted to Niagara County Court for resentencing on that count.

Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea of, inter alia, rape in the third degree ...

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