NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 17, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ANTHONY RUDDER, DEFENDANT-APPELLANT.
Judgment of resentence, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered March 27, 2008, revoking a prior sentence of probation and resentencing defendant to a term of 11/2 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding to Supreme Court for resentencing, and otherwise affirmed.
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.
Gonzalez, P.J., Mazzarelli, Nardelli, Acosta, RomÁn, JJ.
As the People concede, defendant should have been sentenced in accordance with the statute in effect at the time of the underlying crime of criminal sale of a controlled substance in the fourth degree, which provided for an indeterminate sentence. We have considered and rejected defendant's request for a remedy other than a resentencing proceeding.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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