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PEOPLE v. JENKINS

931 KA 21-00991.

222 A.D.3d 1412 (2023)

200 N.Y.S.3d 257

2023 NY Slip Op 06655

The People of the State of New York, Respondent, v. Justin Jenkins, Appellant. (Appeal No. 2.).

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

Decided December 22, 2023.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ABIGAIL D. WHIPPLE OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. MATTLE OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Bannister, Montour, Nowak and DelConte, JJ.

Appeal from a resentence of the Erie County Court (James F. Bargnesi, J.), rendered November 12, 2020. Defendant was resentenced upon his conviction of robbery in the second degree (six counts).

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

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him, upon his plea of guilty, of six counts of robbery in the second degree (Penal Law § 160.10 [2] [b...

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