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PEOPLE v. RIVERA

1036 KA 17-01081.

202 A.D.3d 1480 (2022)

161 N.Y.S.3d 668

2022 NY Slip Op 00782

The People of the State of New York, Respondent, v. Jose M. Rivera, Appellant.

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

Decided February 4, 2022.

Attorney(s) appearing for the Case

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (DANIEL GROSS OF COUNSEL), FOR RESPONDENT.

Present —Smith, J.P., Carni, NeMoyer, Curran and Winslow, JJ.

It is hereby ordered that the resentence so appealed from is unanimously affirmed.

Memorandum: In 2011, defendant was convicted upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03[3]), and sentenced as a second felony offender based upon a 2007 juvenile offender adjudication. In 2016, that juvenile offender adjudication was vacated, and in 2017 Supreme Court granted defendant's motion pursuant to CPL 440.20(1) to...

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