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PEOPLE v. JOSEPH

No. 154.

28 N.Y.3d 1003 (2016)

64 N.E.3d 957

41 N.Y.S.3d 728

2016 NY Slip Op 06945

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONEL JOSEPH, Appellant.

Court of Appeals of New York.

Decided October 25, 2016.

Attorney(s) appearing for the Case

Richard M. Greenberg , Office of the Appellate Defender New York City ( Eunice C. Lee of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Diane N. Princ and Christopher P. Marinelli of counsel), for respondent.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, FAHEY and GARCIA concur; Judge STEIN dissents and votes to affirm, in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified by vacating the conviction on the count of burglary in the second degree, dismissing that count in the indictment, and remitting to Supreme Court for resentencing, and as so modified, affirmed.

On the evening of June 28, 2010, defendant entered the basement of the Greenleaf Deli in Manhattan. The deli was located on the ground floor of a seven-story building,...

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