PEOPLE v. NELSON

518 KA 20-00984.

195 A.D.3d 1442 (2021)

145 N.Y.S.3d 500

2021 NY Slip Op 03728

The People of the State of New York, Respondent, v. Ronald Nelson, Appellant.

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

Decided June 11, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( LISA GRAY OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Lindley, Troutman, Bannister and DeJoseph, JJ.


It is hereby ordered that the resentence so appealed from is unanimously modified as a matter of discretion in the interest of justice by reducing the sentence of imprisonment imposed to a determinate term of 12 years, and as modified the resentence is affirmed.

Memorandum: Defendant was convicted following a jury verdict of gang assault in the first degree (Penal Law § 120.07). On a prior appeal, we, inter alia, reduced the conviction to gang assault in the...

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