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PEOPLE v. McKENZIE-SMITH

773/20 KA 14-02245.

207 A.D.3d 1251 (2022)

170 N.Y.S.3d 807

2022 NY Slip Op 04518

The People of the State of New York, Respondent, v. Kesean R. McKenzie-Smith, Appellant.

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

Decided July 8, 2022.

Attorney(s) appearing for the Case

THE ABBATOY LAW FIRM, PLLC, ROCHESTER ( DAVID M. ABBATOY, JR. , OF COUNSEL), FOR DEFENDANT-APPELLANT.

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

Present—Whalen, P.J., Smith, NeMoyer and Curran, JJ.

Now, upon remittitur from the Court of Appeals and having considered the facts and issues raised but not determined on the appeal to this Court,

It is hereby ordered that, upon remittitur from the Court of Appeals, the judgment so appealed from be and the same hereby is unanimously modified on the law by directing that the sentence imposed on count one of the indictment shall run concurrently with the consecutive sentences...

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