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PEOPLE v. DESMOND

1043 KA 17-00344.

213 A.D.3d 1356 (2023)

183 N.Y.S.3d 227

2023 NY Slip Op 00791

The People of the State of New York, Respondent, v. David L. Desmond, Appellant.

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

Decided February 10, 2023.

Attorney(s) appearing for the Case

ERIK TEIFKE , ACTING PUBLIC DEFENDER, ROCHESTER ( BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( MARTIN P. McCARTHY, II , OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Peradotto, Lindley, Curran and Ogden, JJ.

Appeal from a judgment of the Monroe County Court (Christopher S. Ciaccio, J.), rendered October 19, 2016. The judgment convicted defendant upon a jury verdict of burglary in the second degree and robbery in the third degree.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Monroe County Court for further proceedings in accordance with the following memorandum: On appeal from a judgment convicting him upon a jury verdict...

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