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PEOPLE v. NELSON

1080 KA 15-01400.

178 A.D.3d 1395 (2019)

2019 NY Slip Op 09144

The People of the State of New York, Respondent, v. Ronald Nelson, Also Known as Ronald K. Nelson, Appellant.

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

Decided December 20, 2019.

Attorney(s) appearing for the Case

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Carni, Lindley, Curran and Troutman, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reducing the conviction of gang assault in the first degree (Penal Law § 120.07) to gang assault in the second degree (§ 120.06) and vacating the sentence imposed thereon and as modified the judgment is affirmed and the matter is remitted to Supreme Court, Monroe County, for sentencing on the conviction of gang assault in the second degree.

Memorandum: On appeal...

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