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PEOPLE v. ROSS

528498.

198 A.D.3d 1196 (2021)

155 N.Y.S.3d 632

2021 NY Slip Op 05897

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

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

Decided October 28, 2021.

Attorney(s) appearing for the Case

Mark Diamond , Albany, for appellant.

P. David Soares , District Attorney, Albany ( Vincent Stark of counsel), for respondent.

Clark, Aarons, Reynolds Fitzgerald and Colangelo, JJ., concur.

In 2004, defendant was convicted of rape in the first degree and unlawful imprisonment in the second degree and was sentenced to 17½ years in prison for the rape conviction, to be followed by five years of postrelease supervision, and a lesser concurrent sentence on the other conviction (43 A.D.3d 567

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