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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN RESTREPO, Appellant.

Ordered that the sentence is affirmed.

A fair reading of the sentence minutes does not support the defendant's contention that the sentencing court improperly took into consideration a charge of which the defendant had been acquitted in imposing sentence (cf., People v. Villanueva, 144 A.D.2d 285; People v. Coward, 100 A.D.2d 628). Moreover, we conclude that the sentence imposed was not unduly harsh or excessive (see, People v. Suitte, 90 A.D.2d 80). Thompson, J.P., Brown, Balletta and Miller, JJ., concur.

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PEOPLE v. RESTREPO
(Sep 17, 1990)