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People v. Anthony Paccione

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 2010
74 A.D.3d 1362 (N.Y. App. Div. 2010)

Opinion

No. 2008-01709.

June 29, 2010.

Appeal by the defendant from an order of the Supreme Court, Kings County (Chambers, J.), dated February 4, 2008, which granted the People's application, in effect, to vacate an award of credit for time served by him in satisfaction of a sentence imposed in connection with his conviction on an unrelated federal crime, in mitigation of the sentence imposed by the same court upon his conviction of robbery in the first degree, robbery in the second degree, grand larceny in the second degree, burglary in the second degree, and tampering with physical evidence, upon a jury verdict.

Lynn W. L. Fahey, New York, N.Y. (Warren S. Landau of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.

Before: Dillon, J.P., Balkin, Belen and Lott, JJ.


Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

We reverse the order dated February 4, 2008, which, in effect, resentenced the defendant, for the reasons set forth in our decision on a companion appeal ( see People v Paccione, 74 AD3d 1363 [decided herewith]). Accordingly, the matter must be remitted to the Supreme Court, Kings County, for further proceedings on the People's application to vacate an award of credit for time served, at which the defendant shall be given the opportunity to be present.


Summaries of

People v. Anthony Paccione

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 2010
74 A.D.3d 1362 (N.Y. App. Div. 2010)
Case details for

People v. Anthony Paccione

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY PACCIONE…

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

Date published: Jun 29, 2010

Citations

74 A.D.3d 1362 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5791
903 N.Y.S.2d 265