PEOPLE v. CABALLERO

928 KA 19-00888.

199 A.D.3d 1468 (2021)

158 N.Y.S.3d 495

2021 NY Slip Op 06509

The People of the State of New York, Respondent, v. Luis Caballero, Appellant.

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

Decided November 19, 2021.


Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( DANIELLE E. PHILLIPS OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Lindley, Curran, Troutman 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 by reducing the sentence imposed for predatory sexual assault against a child under count one of the indictment to an indeterminate term of incarceration of 15 years to life and by reducing the sentence imposed for criminal sexual act in the first degree under count two of the indictment to a determinate term of incarceration of 15 years followed...

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