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PEOPLE v. OTT

905 KA 19-01420.

200 A.D.3d 1642 (2021)

159 N.Y.S.3d 295

2021 NY Slip Op 07384

The People of the State of New York, Respondent, v. Anthony N. Ott, Appellant.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

WILLIAM CLAUSS , ROCHESTER, FOR DEFENDANT-APPELLANT.

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

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

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25[1]) and assault in the first degree (§ 120.10[1]). We note by way of background that this matter has been before us on several occasions. On defendant's original appeal, we modified the judgment convicting him upon a jury verdict of these charges...

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