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PEOPLE v. WEATHINGTON

639 KA 15-01803.

141 A.D.3d 1173 (2016)

34 N.Y.S.3d 859

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICOLAS WEATHINGTON, Appellant. (Appeal No. 2.)

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

Decided July 8, 2016.

It is hereby ordered that the resentence so appealed from is unanimously affirmed.

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the second degree (Penal Law § 160.10 [1]) and burglary in the second degree (§ 140.25 [2]) and, in appeal No. 2, he appeals from the resentence on that conviction. We note at the outset that, inasmuch as the sentence in appeal No. 1 was superseded by the resentence...

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