PEOPLE v. WAGONER

1180 KA 16-02366.

195 A.D.3d 1595 (2021)

2021 NY Slip Op 03981

The People of the State of New York, Respondent, v. Tina L. Wagoner, Appellant.

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

Decided June 17, 2021.


Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( MICHAEL S. DEAL OF COUNSEL), FOR DEFENDANT-APPELLANT.

TINA L. WAGONER, DEFENDANT-APPELLANT PRO SE.

LORI PETTIT RIEMAN , DISTRICT ATTORNEY, LITTLE VALLEY, FOR RESPONDENT.

Present —Carni, J.P., Lindley, Curran, Winslow and DeJoseph, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified on the facts and as a matter of discretion in the interest of justice by reversing those parts convicting defendant of rape in the first degree under count one of the indictment and promoting prostitution in the second degree under count two of the indictment and dismissing those counts of the indictment, and by reducing the sentence imposed for attempted rape in the first degree under count five...

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