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PEOPLE v. MARTINEZ

81 N.Y.2d 810 (1993)

The People of the State of New York, Respondent, v. Jose R. Martinez, Appellant.

Court of Appeals of the State of New York.

Decided February 18, 1993.

Attorney(s) appearing for the Case

Martin Cirincione, Public Defender of Schenectady County, Schenectady, for appellant.

Robert M. Carney, District Attorney of Schenectady County, Schenectady (Alfred D. Chapleau of counsel), for respondent.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

MEMORANDUM.

The order of the Appellate Division should be modified by vacating the conviction for attempted manslaughter in the first degree and remitting to County Court for resentencing for criminal possession of a weapon in the third degree, and otherwise affirmed.

Defendant was indicted for attempted murder in the second degree and criminal possession of a weapon in the third degree. At the close of the evidence...

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