PEOPLE v. ARGUETA

2019-09536. Ind. No. 953/17.

194 A.D.3d 857 (2021)

2021 NY Slip Op 03067

The People of the State of New York, Respondent, v. Miguel Urias Argueta, Appellant.

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

Decided May 12, 2021.


Attorney(s) appearing for the Case

Joseph F. DeFelice , Kew Gardens, NY, for appellant.

Madeline Singas , District Attorney, Mineola, NY ( Tammy J. Smiley and Autumn S. Hughes of counsel), for respondent.

Rivera, J.P., Miller, Brathwaite Nelson and Christopher, JJ., concur.


Ordered that the judgment is modified, on the law, (1) by vacating the conviction of attempted assault in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment, and (2) by directing that all sentences shall run concurrently; as so modified, the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620, 621 ...

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