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PEOPLE v. RODRIGUEZ

2021-04342. Ind. No. 212/12.

211 A.D.3d 1042 (2022)

179 N.Y.S.3d 598

2022 NY Slip Op 07456

The People of the State of New York, Appellant, v. Alexis Rodriguez, Respondent.

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

Decided December 28, 2022.

Attorney(s) appearing for the Case

Michael E. McMahon , District Attorney, Staten Island, NY ( Morrie I. Kleinbart and Thomas B. Litsky of counsel), for appellant.

Patricia Pazner , New York, NY ( Anna Kou of counsel), for respondent.

Dillon, J.P., Barros, Genovesi and Taylor, JJ., concur.

Appeal by the People from an order of the Supreme Court, Richmond County (William E. Garnett, J.), dated May 24, 2021, which, after a hearing, granted the defendant's motion pursuant to CPL 440.10 to vacate a judgment of the same court (Robert J. Collini, J.) rendered May 14, 2014, convicting him of attempted rape in the first degree, attempted kidnaping in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence...

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