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PEOPLE v. KEARNEY

39 A.D.3d 964 (2007)

833 N.Y.S.2d 734

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONY A. KEARNEY, Appellant.

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

Decided April 12, 2007.

Carpinello, J.

The senseless and heinous acts perpetrated against a young woman one evening in the City of Albany by defendant and three others (Elias Estrella, Nelson Polanco and Edwin Rosado) are well known to this Court, which has affirmed the convictions of Rosado and Polanco following separate trials (People v Rosado, 26 A.D.3d 532 [2006], lv denied 7 N.Y.3d 762 [2006]; People v Polanco,

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