PEOPLE v. ALCARAZ-UBILES

302 KA 18-00846.

215 A.D.3d 1264 (2023)

188 N.Y.S.3d 294

2023 NY Slip Op 02226

The People of the State of New York, Respondent, v. David S. Alcaraz-Ubiles, Appellant.

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

Decided April 28, 2023.


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 ( MARTIN P. McCARTHY, II , OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Peradotto, Bannister, Montour and Greenwood, JJ.


Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered December 21, 2016. The judgment convicted defendant, upon a jury verdict, of kidnapping in the second degree (two counts), criminal use of a firearm in the first degree, criminal possession of a weapon in the third degree and criminal possession of a weapon in the fourth degree.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reversing...

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