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PEOPLE v. ROACH

790 KA 19-00797.

221 A.D.3d 1536 (2023)

198 N.Y.S.3d 451

2023 NY Slip Op 05872

The People of the State of New York, Respondent, v. Leon G. Roach, Appellant.

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

Decided November 17, 2023.

Attorney(s) appearing for the Case

MARK D. FUNK , CONFLICT DEFENDER, ROCHESTER ( CAROLYN WALTHER OF COUNSEL), FOR DEFENDANT-APPELLANT.

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

Present— Whalen, P.J., Smith, Lindley, Bannister and Montour, JJ.

Appeal from a judgment of the Monroe County Court (Sam L. Valleriani, J.), rendered December 3, 2018. The appeal was held by this Court by order entered February 3, 2023, decision was reserved and the matter was remitted to Monroe County Court for further proceedings (213 A.D.3d 1274 [4th Dept 2023]). The proceedings were held and completed.

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

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