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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WHITNEY BENOIT, Appellant.

Judgment modified, on the law, by vacating the sentence. As so modified, judgment affirmed, and matter remitted to the County Court, Rockland County, for resentencing in accordance herewith.

Where a defendant has been convicted on more than one count of a multiple-count indictment, the court must pronounce sentence on each count upon which the defendant was convicted (CPL 380.20; People v Richard H., 101 A.D.2d 867). This was not done in the instant case and, accordingly, defendant must be resentenced.

We have considered defendant's remaining contentions and find them to be without merit. Mangano, J.P., Rubin, Eiber and Kooper, JJ., concur.

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PEOPLE v. BENOIT
(Dec 16, 1985)