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PEOPLE v. FRANCO

197 KA 22-01426.

2024 NY Slip Op 01643

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS E. FRANCO, Defendant-Appellant.

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

Decided March 22, 2024.

Attorney(s) appearing for the Case

ANDREW D. CORREIA , PUBLIC DEFENDER, LYONS ( BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL D. CALARCO , DISTRICT ATTORNEY, LYONS ( R. MICHAEL TANTILLO OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., LINDLEY, GREENWOOD, NOWAK, AND KEANE, JJ.

Appeal from a judgment of the Wayne County Court (Richard M. Healy, J.), rendered August 3, 2022. The judgment convicted defendant upon a jury verdict of assault in the second degree and assault in the third degree.

It is hereby ORDERED that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice by reducing the determinate term of imprisonment imposed for assault in the second degree to a term of two years and by...

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