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PEOPLE v. FORTNER

242 KA 21-00635.

203 A.D.3d 1690 (2022)

162 N.Y.S.3d 814

2022 NY Slip Op 01926

The People of the State of New York, Respondent, v. Darryl Fortner, Appellant. (Appeal No. 1.)

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

Decided March 18, 2022.

Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PIOTR BANASIAK OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Centra, Peradotto, Lindley and Winslow, JJ.

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

Memorandum: In appeal No. 1, defendant appeals from a resentence on his conviction, upon his plea of guilty, of robbery in the first degree (Penal Law § 160.15[4]) and menacing in the second degree (§ 120.14[1]). In appeal No. 2, defendant appeals from a resentence on his conviction, upon his plea of guilty in the same plea proceeding, of attempted robbery in the first degree...

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