PEOPLE v. GITTENS

2009-04904.

77 A.D.3d 765 (2010)

909 N.Y.S.2d 113

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL GITTENS, Appellant.

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

Decided October 12, 2010.


Ordered that the resentence is affirmed.

At the conclusion of a jury trial conducted in August 2004, the defendant was convicted, inter alia, of criminal possession of a weapon in the third degree in violation of Penal Law § 265.02 (4). On September 14, 2004, the defendant was sentenced to a determinate term of six years imprisonment on his conviction of criminal possession of a weapon in violation of Penal Law § 265.02 (4), to run concurrently with lesser...

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