PEOPLE v. LAPETINA


34 A.D.3d 836 (2006)

828 N.Y.S.2d 72

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK LAPETINA, Appellant.

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

Decided November 28, 2006.


Ordered that the judgment is modified, on the law, by reducing the conviction of burglary in the first degree to burglary in the second degree, and vacating the sentence imposed thereon, and by vacating the convictions of assault in the third degree, and vacating the sentences imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing on the conviction of burglary in the second degree and for...

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