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PEOPLE v. ABELLARD

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189 A.D.3d 1605 (2020)

138 N.Y.S.3d 151

2020 NY Slip Op 08072

The People of the State of New York, Respondent, v. Jimmy Abellard, Appellant.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

John R. Lewis , Sleepy Hollow, NY, for appellant.

Thomas E. Walsh II , District Attorney, New City, NY ( Marissa L. Licata and Jacob B. Sher of counsel), for respondent.

Roman, J.P., Duffy, Barros and Connolly, JJ., concur.

Ordered that the judgment is modified, on the law, (1) by vacating the conviction of menacing in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment, and (2) by reducing the sentence imposed on the conviction of assault in the third degree to a definite term of imprisonment of 364 days; as so modified, the judgment is affirmed.

After a jury trial, the defendant was convicted...

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