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PEOPLE v. BROWN

1003 KA 18-00465.

178 A.D.3d 1378 (2019)

112 N.Y.S.3d 673

2019 NY Slip Op 09133

The People of the State of New York, Respondent, v. Virgil Brown, Appellant.

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

Decided December 20, 2019.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( DEBORAH K. JESSEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, DeJoseph, Curran and Winslow, JJ.

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

Memorandum: Defendant was convicted upon a jury verdict of predatory sexual assault against a child (Penal Law § 130.96). On a prior appeal, we rejected the majority of defendant's contentions, but we also concluded that defendant was deprived of effective assistance of counsel at sentencing, and we therefore modified the judgment of...

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