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People v. Granata

79 A.D.2d 864 Court N.Y. App. Div. Decision date 1980-12-12 English

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p. 864
The People of the State of New York, Respondent, v Samuel Granata, Appellant.

Judgment, insofar as it sentences defendant, unanimously reversed, on the law, and defendant remanded to Niagara County Court for resentencing, and otherwise judgment affirmed. Memorandum: The record discloses that the court failed to set forth any reason for imposing a minimum sentence as mandated by section 70.00 (subd 3, par [b]) of the Penal Law. Accordingly, we remit for resentencing (see People v Wright, 40 AD2d 940 ). (Appeal from judgment of Niagara County Court—manslaughter, first degree.) Present—Simons, J. P., Hancock, Jr., Schnepp, Callahan and Moule, JJ.