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PEOPLE v. SCARVER

933 KA 12-01069.

121 A.D.3d 1539 (2014)

993 N.Y.S.2d 830

2014 NY Slip Op 06713

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE E. SCARVER, Also Known as "C," Appellant.

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

Decided October 3, 2014.

Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered May 16, 2012. The judgment convicted defendant, upon a jury verdict, of burglary in the first degree (two counts) and robbery in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice by directing that the sentence imposed on count three...

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