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PEOPLE v. LUNETTA

38 A.D.3d 1303 (2007)

832 N.Y.S.2d 358

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD E. LUNETTA, Appellant.

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

Decided March 16, 2007.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reducing the conviction of robbery in the second degree (Penal Law § 160.10 [2] [a]) to robbery in the third degree (§ 160.05) and vacating the sentence imposed on count one of the indictment and as modified the judgment is affirmed, and the matter is remitted to Supreme Court, Erie County, for sentencing on the conviction of robbery in the third...

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