PEOPLE v. GARCIA

2019-13715. Ind. No. 636/98.

196 A.D.3d 700 (2021)

150 N.Y.S.3d 329

2021 NY Slip Op 04558

The People of the State of New York, Respondent, v. David Garcia, Appellant.

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

Decided July 28, 2021.


Attorney(s) appearing for the Case

Mark Diamond , New York, NY, for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Avshalom Yotam of counsel), for respondent.

Rivera, J.P., Austin, Duffy and Barros, JJ., concur.


Ordered that the resentence is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

Following two separate jury trials for severed counts of an indictment, the defendant was convicted of attempted murder in the second degree and nine counts of robbery in the first degree, and following separate sentencing proceedings on October 26, 1998, and January 21, 1999, he was sentenced to an aggregate...

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