PEOPLE v. RIVERA

2014-00932, Ind. No. 8678/07.

143 A.D.3d 1002 (2016)

2016 NY Slip Op 07036

40 N.Y.S.3d 155

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR RIVERA, Appellant.

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

Decided October 26, 2016.


Ordered that the order is reversed, on the law, the defendant's motion pursuant to CPL 440.20 to set aside his sentence is granted, the sentence is vacated, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

The defendant was convicted, upon a jury verdict, of criminal possession of a weapon in the second degree. Several weeks before sentence was imposed, the prosecutor submitted to the Supreme Court a sentencing...

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