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PEOPLE v. HERNANDEZ

1109 KA 19-00447.

193 A.D.3d 1413 (2021)

143 N.Y.S.3d 263

2021 NY Slip Op 02696

The People of the State of New York, Respondent, v. Isreal Hernandez, Appellant.

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

Decided April 30, 2021.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( SHERRY A. CHASE OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, Lindley, Curran and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant, who was indicted on one count each of burglary in the first degree (Penal Law § 140.30[4]) and menacing in the second degree (§ 120.14[1]), appeals from a judgment convicting him upon a nonjury verdict of the lesser included offenses of burglary in the second degree (§ 140.25[2]) and menacing in the third degree (§ 120.15). Defendant

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