PEOPLE v. GARCIA

137 KA 17-01321.

203 A.D.3d 1574 (2022)

161 N.Y.S.3d 902

2022 NY Slip Op 01647

The People of the State of New York, Respondent, v. Frank Garcia, Appellant.

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

Decided March 11, 2022.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( HELEN SYME OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( SCOTT MYLES OF COUNSEL), FOR RESPONDENT.

Present— Whalen, P.J., Centra, Peradotto, NeMoyer and Winslow, JJ.


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

Memorandum: Defendant was convicted upon a jury verdict of two counts of murder in the first degree (Penal Law § 125.27[1][a][viii]; [b]) and attempted murder in the first degree (§§ 110.00, 125.27[1][a][viii]; [b]). On a prior appeal, we modified the judgment of conviction by vacating the sentence imposed on count three of the indictment and remitted the matter to County...

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