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PEOPLE v. MARTINEZ

2019-13541. Ind. No. 2450/17.

202 A.D.3d 828 (2022)

162 N.Y.S.3d 151

2022 NY Slip Op 00880

The People of the State of New York, Respondent, v. Kevin Martinez, Appellant.

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Jonathan Garelick of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Nancy Fitzpatrick Talcott , Margaret Iocco , and Rebecca Nealon of counsel), for respondent.

Dillon, J.P., Miller, Genovesi and Dowling, JJ., concur.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the sentences imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith.

The defendant was charged under Queens County indictment No. 2450/17 with, inter alia, burglary in the second degree (Penal Law § 140.25[2]), criminal contempt in the...

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