PEOPLE v. RUSS

1471 KA 08-02635

68 A.D.3d 1703 (2009)

2009 NY Slip Op 9786

891 N.Y.S.2d 807

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRYON K. RUSS, Appellant.

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

Decided December 30, 2009.


It is hereby ordered that the resentence so appealed from is unanimously modified on the law by vacating the directive that the sentences shall run consecutively to the sentence imposed by Wayne County Court and as modified the resentence is affirmed.

Memorandum: Defendant was convicted upon a jury verdict of, inter alia, robbery in the first degree (Penal Law § 160.15 [2]), and he appeals from the resentence on that conviction. Ontario County Court (Harvey,...

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