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PEOPLE v. BERNARD

214 A.D.2d 576 (1995)

625 N.Y.S.2d 67

The People of the State of New York, Respondent, v. Kerry Bernard, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 3, 1995

Ordered that the judgment is modified, on the law, by vacating the sentence imposed for attempted murder in the second degree; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing.

On April 19, 1991, at approximately 10:00 P.M., the defendant and an unapprehended accomplice, each armed, entered the Jamaican Food Restaurant at 1135 Flatbush Avenue in Brooklyn...

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