PEOPLE v. ROBINSON

2019-06978. Ind. No. 1792/17.

205 A.D.3d 737 (2022)

167 N.Y.S.3d 542

2022 NY Slip Op 03010

The People of the State of New York, Respondent, v. Donell Robinson, Appellant.

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

Decided May 4, 2022.


Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Sarah B. Cohen of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Christopher Blira-Koessler , and Natasha R. Pooran of counsel), for respondent.

Barros, J.P., Maltese, Wooten and Zayas, JJ., concur.


Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the defendant's adjudication as a second felony offender and the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for a second felony offender hearing and for resentencing thereafter.

Based upon a tip from a paid confidential informant that a person matching the defendant's description at...

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