PEOPLE v. ROBINSON

275 KA 13-01770.

148 A.D.3d 1639 (2017)

2017 NY Slip Op 02252

50 N.Y.S.3d 223

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DALVAN ROBINSON, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 24, 2017.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Niagara County Court for resentencing in accordance with the following memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of rape in the first degree (Penal Law § 130.35 [2]), sexual abuse in the first degree (§ 130.65 [2]), and rape in the third...

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