PEOPLE v. NARANJO


89 N.Y.2d 1047 (1997)

681 N.E.2d 1272

659 N.Y.S.2d 826

The People of the State of New York, Respondent, v. Luis Naranjo, Appellant.

Court of Appeals of the State of New York.

Decided May 1, 1997.


Attorney(s) appearing for the Case

Pamela Peters, New York City, and Daniel L. Greenberg for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Mary C. Farrington and Eleanor J. Ostrow of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


MEMORANDUM.

The order of the Appellate Division should be modified by vacating the sentence and remitting the case to Supreme Court for resentencing before the same court and, as so modified, affirmed.

Defendant was convicted of two counts of attempted assault in the second degree, five counts of robbery in the first degree and criminal possession of a weapon in the second degree.

At sentencing, the court...

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