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PEOPLE v. SMITH

2017-05713. Ind. No. 2481/15.

187 A.D.3d 944 (2020)

132 N.Y.S.3d 431

2020 NY Slip Op 05782

The People of the State of New York, Respondent, v. Jerome Smith, Appellant.

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

Decided October 14, 2020.

Ordered that the judgment is modified, on the law, by (1) reducing the conviction of burglary in the first degree to burglary in the second degree, (2) reducing the conviction of robbery in the second degree to robbery in the third degree, (3) vacating the adjudication of the defendant as a persistent violent felony offender, and (4) vacating the sentences imposed; as so modified, the judgment is affirmed, and the matter is remitted...

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