PEOPLE v. SCHRADER

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for resentencing by a different judge.

The sentencing court's remarks demonstrated that it improperly considered crimes of which the defendant was acquitted as a basis for sentencing ( see People v. Reeder, 298 AD2d 468; People v. Innis, 288 AD2d 236; People v. Santiago, 277 AD2d 258). Accordingly, the matter must be remitted to the County Court, Orange County, for resentencing before a different judge.