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PEOPLE v. COLDIRON

KA 06-03554.

2008 NY Slip Op 06264

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LON COLDIRON, DEFENDANT-APPELLANT.

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

Decided July 11, 2008.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS T. TEXIDO OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (RAYMOND C. HERMAN OF COUNSEL), FOR RESPONDENT.

PRESENT: MARTOCHE, J.P., SMITH, CENTRA, PERADOTTO, AND GREEN, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on the first, third, fourth and fifth counts of the indictment.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of one count of attempted grand larceny in the second degree (Penal Law §§ 110.00, 155.40 [1]) and two counts of attempted grand larceny in the third degree (§§ 110.00, 155.35). The conviction...

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