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PEOPLE v. COONEY

143 KA 11-02191.

137 A.D.3d 1665 (2016)

28 N.Y.S.3d 166

2016 NY Slip Op 02203

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROGER COONEY, Appellant. (Appeal No. 2.)

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

Decided March 25, 2016.

It is hereby ordered that the judgment so appealed from is reversed on the facts, the indictment is dismissed and the matter is remitted to Monroe County Court for proceedings pursuant to CPL 470.45.

Memorandum: In appeal No. 1, defendant was convicted following a jury trial of robbery in the first degree (Penal Law § 160.15 [3]) and, in appeal No. 2, he was convicted following the same jury trial of robbery in the second degree (§ 160.10 [2] [a]). The charges...

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