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PEOPLE v. GODDARD

Appellate Division of the Supreme Court of New York, Second Department.
Jul 22, 1985

Sentences reversed, on the law, and matter remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

We have reviewed the record and find no merit to defendant's contention that his bargained-for sentences were harsh and excessive ( see, People v. Kazepis, 101 A.D.2d 816; People v Suitte, 90 A.D.2d 80). However, where a defendant is convicted on more than one count of a multiple count indictment, the court must pronounce sentence on each count upon which he was convicted (CPL 380.20; see, People v. Richard H., 101 A.D.2d 867; People v Charles, 98 A.D.2d 780). Since that was not done here, defendant must be resentenced. We also note that defendant should have been adjudicated a second violent felony offender (Penal Law ยง 70.04). Mollen, P.J., Lazer, O'Connor and Niehoff, JJ., concur.