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PEOPLE v. FRANKLIN

304 KA 16-00442.

206 A.D.3d 1610 (2022)

168 N.Y.S.3d 620

2022 NY Slip Op 03616

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

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

Decided June 3, 2022.

Attorney(s) appearing for the Case

FRANK J. NEBUSH, JR., PUBLIC DEFENDER, UTICA (PATRICK J. MARTHAGE OF COUNSEL), FOR DEFENDANT-APPELLANT.

GREGORY FRANKLIN, DEFENDANT-APPELLANT PRO SE.

SCOTT D. McNAMARA, DISTRICT ATTORNEY, UTICA (STEVEN G. COX OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, Curran and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice by directing that the sentences imposed for predatory sexual assault against a child under counts one, three, and five of the indictment shall run concurrently with each other and reducing the sentence imposed for predatory sexual assault against a child under count seven of the indictment to an indeterminate term of imprisonment of 10 years...

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