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PEOPLE v. YOUNG

94 N.Y.2d 171 (1999)

723 N.E.2d 58

701 N.Y.S.2d 309

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUDOLPH YOUNG, Appellant. (Appeal No. 2.)

Court of Appeals of the State of New York.

Decided November 23, 1999.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County, Rochester (Brian Shiffrin and Elizabeth C. Clarke of counsel), for appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Robert Mastrocola of counsel), for respondent.

Jonathan E. Gradess, Albany, and Mardi Crawford for New York State Defenders Association, amicus curiae.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK and ROSENBLATT concur; Judge WESLEY taking no part.

OPINION OF THE COURT

Chief Judge KAYE.

Defendant was charged with burglarizing two houses in April 1991 and stealing, among other things, two 12-gauge shotguns, ammunition, two diamond rings and a stereo set. After a jury trial, he was convicted of first-degree robbery, first- and second-degree burglary, criminal possession of stolen property in the fourth and fifth degrees, and grand larceny in the fourth degree. Supreme Court sentenced defendant, as a...

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