PEOPLE v. NYACK

2020-00964. Ind. No. 756/19.

214 A.D.3d 903 (2023)

185 N.Y.S.3d 300

2023 NY Slip Op 01532

The People of the State of New York, Respondent, v. Raphael Nyack, Appellant.

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

Decided March 22, 2023.


Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Lynn W. L. Fahey of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Sholom J. Twersky , and Andrew S. Durham of counsel), for respondent.

Dillon, J.P., Miller, Christopher and Warhit, JJ., concur.


Appeal by the defendant from a resentence of the Supreme Court, Kings County (Dineen Riviezzo, J.), imposed January 6, 2020, upon his conviction of attempted criminal possession of a weapon in the third degree, upon his plea of guilty.

Ordered that the resentence is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

The defendant was charged under a 20-count indictment with various...

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