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PEOPLE v. BERNAZARD

2016-05886. Ind. No. 1764/13.

188 A.D.3d 1239 (2020)

136 N.Y.S.3d 397

2020 NY Slip Op 07083

The People of the State of New York, Respondent, v. Jose Bernazard, Appellant.

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

Decided November 25, 2020.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, (1) by vacating the conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment, (2) by reducing the sentence imposed on the conviction of burglary in the first degree from a determinate term of imprisonment of 25 years to be followed by a period of postrelease supervision of 5 years to a determinate term of imprisonment...

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