PEOPLE v. GREENE

No. 43 SSM 10.

2024 NY Slip Op 00096

THE PEOPLE & C., Respondent, v. FABIAN GREENE, Appellant.

Court of Appeals of New York.

Decided January 11, 2024.


Attorney(s) appearing for the Case

Submitted by Margaret E. Knight , for appellant.

Submitted by Philip V. Tisne , for respondent.


MEMORANDUM:

The order of the Appellate Division should be modified by vacating the conviction for count 3 and dismissing that count of the indictment and, as so modified, affirmed.

A multiplicitous indictment "creates the risk that a defendant will be punished for, or stigmatized with a conviction of, more crimes than [they] actually committed" (People v Alonzo, 16 N.Y.3d 267, 269 [2011]). Even when...

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