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PEOPLE v. LOPEZ-SARMIENTO

510 KA 18-00608.

207 A.D.3d 1210 (2022)

170 N.Y.S.3d 465

2022 NY Slip Op 04493

The People of the State of New York, Respondent, v. Jose Lopez-Sarmiento, Appellant.

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

Decided July 8, 2022.

Attorney(s) appearing for the Case

D.J. & J.A. CIRANDO, PLLC, SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR DEFENDANT-APPELLANT.

TODD J. CASELLA, DISTRICT ATTORNEY, PENN YAN, FOR RESPONDENT.

Present —Whalen, P.J., Smith, Peradotto and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reducing the conviction of assault in the second degree (Penal Law § 120.05[2]) to attempted assault in the second degree (§§ 110.00, 120.05[2]) and vacating the sentence imposed on count two of the indictment and as modified the judgment is affirmed, and the matter is remitted to Yates County Court for sentencing on the conviction of attempted assault in the second...

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