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PEOPLE v. GOUGH

2018-03460. Ind. No. 3089/14.

203 A.D.3d 747 (2022)

162 N.Y.S.3d 492

2022 NY Slip Op 01317

The People of the State of New York, Respondent, v. Elijah Gough, Appellant.

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

Decided March 2, 2022.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Cynthia Colt of counsel), for appellant.

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

Barros, J.P., Chambers, Wooten and Dowling, JJ., concur.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, (1) by vacating the conviction of kidnapping in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment, (2) by vacating the conviction of murder in the second degree under count 3 of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment, and (3) by directing that the sentence...

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