PEOPLE v. BENITEZ


281 A.D.2d 487 (2001)

721 N.Y.S.2d 792

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS BENITEZ, Appellant.

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

Decided March 12, 2001.


Ordered that the judgment is modified, on the law, by providing that the term of imprisonment imposed for murder in the second degree under count three of the indictment (felony murder) shall run concurrently with the term of imprisonment imposed on the conviction for robbery in the first degree; as so modified, the judgment is affirmed.

The defendant's contention that alleged gestures made by a court employee during the jury charge constituted reversible error is...

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