PEOPLE v. McCLEMORE


276 A.D.2d 32 (2000)

716 N.Y.S.2d 497

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO McCLEMORE, Appellant.

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

November 13, 2000.


Attorney(s) appearing for the Case

Janet C. Somes, Public Defender's Office, Rochester, for appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Stephen K. Lindley of counsel), for respondent.

GREEN, HAYES, SCUDDER and KEHOE, JJ., concur.


OPINION OF THE COURT

PIGOTT, JR., P. J.

Defendant was charged with robbery in the third degree (Penal Law § 160.05), grand larceny in the fourth degree (Penal Law § 155.30 [5]) and unlawful imprisonment in the second degree (Penal Law § 135.05), as a result of his beating a 65-year-old victim and forcibly stealing his personal property. Defendant agreed to plead guilty to attempted robbery in the...

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