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People v. Collado

NEW YORK COURT OF APPEALS


December 18, 2008

THE PEOPLE & C., RESPONDENT,
v.
DIONIS COLLADO, APPELLANT.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

MEMORANDUM

The order of the Appellate Division should be modified to the extent of remitting this matter to Supreme Court for resentencing, and otherwise affirmed.

Because Supreme Court failed to pronounce the term of defendant's mandatory post-release supervision in his presence, this matter must be remitted to Supreme Court for a resentencing proceeding (see People v Sparber 10 NY3d 457, 469-471 [2008]). We have considered defendant's remaining arguments, concerning the propriety of his arrest, and conclude that they are meritless.

On review of submissions pursuant to section 500.11 of the Rules, order modified by remitting to Supreme Court, New York County, for resentencing and, as so modified, affirmed, in a memorandum.

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

20081218

© 1992-2008 VersusLaw Inc.



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