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PEOPLE v. McLAMORE

53 KA 17-00971.

191 A.D.3d 1413 (2021)

141 N.Y.S.3d 813

2021 NY Slip Op 00926

The People of the State of New York, Respondent, v. Jerry McLamore, Appellant.

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

KAMAN BERLOVE MARAFIOTI JACOBSTEIN & GOLDMAN, LLP, ROCHESTER ( GARY MULDOON OF COUNSEL), FOR DEFENDANT-APPELLANT.

DONALD G. O'GEEN , DISTRICT ATTORNEY, WARSAW ( CHELSIE A. HAMILTON OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Lindley, NeMoyer, Curran and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reducing the conviction of promoting prison contraband in the first degree (Penal Law § 205.25[1]) under count five of the indictment to promoting prison contraband in the second degree (§ 205.20[1]) and vacating the sentence imposed on that count, and as modified the judgment is affirmed and the matter is remitted to Wyoming...

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