PEOPLE v. FRANOV

2009-03484.

71 A.D.3d 914 (2010)

897 N.Y.S.2d 176

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT FRANOV, Appellant.

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

Decided March 16, 2010.


Ordered that the judgment is modified, on the law, by vacating the conviction of unauthorized use of a vehicle in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

According to the testimony presented at trial, the defendant was observed by a police officer exiting the driver's side door of a Lincoln Town Car holding an automobile component. Upon seeing the police officer...

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