PEOPLE v. LUNDI

2011-10025

130 A.D.3d 944 (2015)

13 N.Y.S.3d 833

2015 NY Slip Op 06259

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN LUNDI, Appellant.

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

Decided July 22, 2015.


Ordered that the judgment is modified, on the facts, by reducing the defendant's conviction of gang assault in the second degree to attempted gang assault in the second degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for sentencing on the conviction of attempted gang assault in the second degree.

The defendant failed to preserve for appellate review his contention...

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