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PEOPLE v. SANTIAGO

No. 159.

22 N.Y.3d 900 (2013)

999 N.E.2d 507

2013 NY Slip Op 6635

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS SANTIAGO, JR., Appellant.

Court of Appeals of New York.

Decided October 15, 2013.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Drew R. DuBrin of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Geoffrey Kaeuper of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified by vacating the second felony offender adjudication and remitting to County Court for resentencing and, as so modified, affirmed.

On May 23, 2008, defendant Carlos Santiago, Jr. was convicted by a jury of two counts of first-degree sexual abuse (Penal Law § 130.65 [1]) and one count of second-degree unlawful...

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