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PEOPLE v. COSTAN

2014-03273. Ind. No. 10104/12.

197 A.D.3d 716 (2021)

152 N.Y.S.3d 162

2021 NY Slip Op 04760

The People of the State of New York, Respondent, v. Robert Costan, Appellant.

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

Decided August 25, 2021.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Kathleen Whooley and Dina Zloczower of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Sholom J. Twersky , and Sullivan & Cromwell LLP [ Drew J. Beesley ], of counsel), for respondent.

Rivera, J.P., Dillon, Miller and Iannacci, JJ., concur.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, (1) by reducing the conviction of robbery in the first degree under count 28 of the indictment to robbery in the third degree and vacating the sentence imposed thereon, (2) by vacating the convictions of criminal possession of a forged instrument in the third degree under counts 44 and 45 of the indictment, vacating the sentences imposed thereon, and dismissing those...

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