PEOPLE v. BEMBRY

746 KA 17-00904.

199 A.D.3d 1340 (2021)

157 N.Y.S.3d 201

2021 NY Slip Op 06235

The People of the State of New York, Respondent, v. Shawn A. Bembry, Appellant.

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

Decided November 12, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( JAMES A. HOBBS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Peradotto, Curran, Bannister and DeJoseph, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by reversing that part convicting defendant of count four of the indictment, vacating the plea with respect to that count and dismissing that count, and vacating the fine imposed on count one of the indictment and imposing a fine in the sum of $500 on count two of the indictment, and as modified the judgment is affirmed.

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