PEOPLE v. CLARK

2014-04076. Ind. No. 44/13.

189 A.D.3d 1453 (2020)

136 N.Y.S.3d 46

2020 NY Slip Op 07911

The People of the State of New York, Respondent, v. Carl L. Clark, Jr., Appellant.

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

Decided December 23, 2020.


Attorney(s) appearing for the Case

Yasmin Daley Duncan , Brooklyn, NY, for appellant.

William V. Grady , District Attorney, Poughkeepsie, NY ( Kirsten A. Rappleyea of counsel), for respondent.

Roman, J.P., Cohen, Miller and Christopher, JJ., concur.


Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, (1) by vacating the conviction of assault in the second degree under count 2 of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment, and (2) by providing that the sentence imposed on the conviction of burglary in the second degree under count 8 of the indictment shall run concurrently with the sentence imposed on the conviction...

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