PEOPLE v. RIVERA

2017-09095. Ind. No. 8678/07.

186 A.D.3d 1723 (2020)

129 N.Y.S.3d 805

2020 NY Slip Op 05233

The People of the State of New York, Respondent, v. Hector Rivera, Appellant.

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

Decided September 30, 2020.


Ordered that the resentence is modified, as a matter of discretion in the interest of justice, by reducing the indeterminate term of imprisonment from 18 years to life to 16 years to life; as so modified, the resentence is affirmed.

The defendant was convicted at a jury trial of criminal possession of a weapon in the second degree. Although prior to sentencing the prosecutor asserted that the defendant was a persistent...

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