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PEOPLE v. PIASTA

364 KA 20-00070.

207 A.D.3d 1054 (2022)

170 N.Y.S.3d 776

2022 NY Slip Op 04243

The People of the State of New York, Respondent, v. Michael J. Piasta, Jr., Also Known as Michael Jerome Piasta, Jr., Also Known as Michael Piasta, Also Known as Michael Jerome Piasta, Appellant. (Appeal No. 1.)

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

Decided July 1, 2022.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( LEAH NANCY FARWELL OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN , DISTRICT ATTORNEY, BATAVIA ( ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.

Present—Peradotto, J.P., Lindley, Curran, Winslow and Bannister, JJ.

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

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him, upon a jury verdict, of robbery in the second degree (Penal Law § 160.10[2][b]), grand larceny in the third degree (§ 155.35[1]), and criminal possession of a weapon in the third degree (§ 265.02[1]), arising from a gunpoint robbery of a fast food...

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