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People v. Cardillo

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1985
111 A.D.2d 827 (N.Y. App. Div. 1985)

Opinion

June 10, 1985

Appeal from the Supreme Court, Kings County (Lodato, J.).


Sentences modified, on the law, by vacating the sentence for criminal possession of stolen property in the second degree. As so modified, sentences affirmed and matter remitted to Criminal Term for resentencing in accordance herewith.

After a hearing, Criminal Term adjudicated defendant to be a second felony offender. The defendant was sentenced erroneously to a definite sentence under the felony charge. Therefore, the matter must be remitted for resentencing as a second felony offender in accordance with Penal Law § 70.06 (2).

Parenthetically, we note that the defendant has since been incarcerated on another conviction. Mollen, P.J., Gibbons, Brown and Eiber, JJ., concur.


Summaries of

People v. Cardillo

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1985
111 A.D.2d 827 (N.Y. App. Div. 1985)
Case details for

People v. Cardillo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FRANK CARDILLO, JR.…

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

Date published: Jun 10, 1985

Citations

111 A.D.2d 827 (N.Y. App. Div. 1985)

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