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PEOPLE v. RODRIGUEZ

2018-04336. Ind. No. 1070/16.

199 A.D.3d 712 (2021)

156 N.Y.S.3d 408

2021 NY Slip Op 05990

The People of the State of New York, Respondent, v. Samuel Rodriguez, 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 ( Martin B. Sawyer of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Ellen C. Abbot , and Aharon Diaz of counsel), for respondent.

Rivera, J.P., Brathwaite Nelson, Iannacci and Ford, JJ., concur.

Ordered that the judgment is modified, on the law and the facts, by vacating the convictions of robbery in the first degree pursuant to Penal Law § 160.15(3) charged in counts 1 and 6 of the indictment, robbery in the second degree pursuant to Penal Law § 160.10(1) charged in counts 2 and 7 of the indictment, robbery in the second degree pursuant to Penal Law § 160.10(2)(a), charged in counts 3 and 8 of the indictment, grand larceny in the fourth degree pursuant...

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