PEOPLE v. FERNANDEZ

2017-05717. Ind. No. 2358/14.

199 A.D.3d 700 (2021)

153 N.Y.S.3d 907

2021 NY Slip Op 05979

The People of the State of New York, Respondent, v. Dayson Fernandez, Appellant.

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

Decided November 3, 2021.


Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Sean H. Murray of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , William H. Branigan , and Katherine A. Triffon of counsel), for respondent.

Dillon, J.P., Christopher, Wooten and Dowling, JJ., concur.


Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, (1) by vacating the convictions of robbery in the second degree under counts 2 and 4 of the indictment, vacating the sentences imposed thereon, and dismissing those counts of the indictment, and (2) by providing that all of the sentences imposed shall run concurrently with each other; as so modified, the judgment is affirmed.

The defendant was convicted, after...

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