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PEOPLE v. MARHONE

57 A.D.3d 803 (2008)

870 N.Y.S.2d 375

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CONRAD MARHONE, Appellant.

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

December 16, 2008.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the conviction of murder in the second degree under count one of the indictment (Penal Law § 125.25 [2]), vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant was convicted of both felony murder (Penal Law § 125.25 [3]) and...

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