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People v. Benoit

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 608 (N.Y. App. Div. 1985)

Opinion

December 16, 1985

Appeal from the County Court, Rockland County (Edelstein, J.).


Judgment modified, on the law, by vacating the sentence. As so modified, judgment affirmed, and matter remitted to the County Court, Rockland County, for resentencing in accordance herewith.

Where a defendant has been convicted on more than one count of a multiple-count indictment, the court must pronounce sentence on each count upon which the defendant was convicted (CPL 380.20; People v Richard H., 101 A.D.2d 867). This was not done in the instant case and, accordingly, defendant must be resentenced.

We have considered defendant's remaining contentions and find them to be without merit. Mangano, J.P., Rubin, Eiber and Kooper, JJ., concur.


Summaries of

People v. Benoit

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 608 (N.Y. App. Div. 1985)
Case details for

People v. Benoit

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WHITNEY BENOIT…

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

Date published: Dec 16, 1985

Citations

115 A.D.2d 608 (N.Y. App. Div. 1985)

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