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PEOPLE v. RIVERA

No. 64.

41 N.Y.3d 936 (2023)

230 N.E.3d 443

206 N.Y.S.3d 521

2023 NY Slip Op 05967

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE M. RIVERA, Appellant.

Court of Appeals of New York.

Decided November 21, 2023.

Attorney(s) appearing for the Case

Julie A. Cianca, Public Defender, Rochester (Guy A. Talia and Janet C. Somes of counsel), for appellant.

Sandra Doorley, District Attorney, Rochester (Lisa Gray of counsel), for respondent.

Letitia James, Attorney General, New York City (Margaret Cieprisz, Andrew W. Amend, Barbara D. Underwood, Nikki Kowalski, Jodi A. Danzig and Anthony Raduazo of counsel), in her statutory capacity under Executive Law § 71.

OPINION OF THE COURT

MEMORANDUM.

APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered February 4, 2022. The Appellate Division affirmed a resentence of the Supreme Court, Monroe County (Francis A. Affronit, J.), which had resentenced defendant upon his conviction of criminal possession of a weapon in the second degree.

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