PEOPLE v. RIVERA

2023-08327. Ind. No. 3340/06.

230 A.D.3d 517 (2024)

216 N.Y.S.3d 263

2024 NY Slip Op 04153

The People of the State of New York, Respondent, v. Brian Rivera, Appellant.

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

Decided August 7, 2024.


Attorney(s) appearing for the Case

Laurette D. Mulry, Riverhead, NY (Felice B. Milani of counsel), for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Christopher R. Turk and Marion Tang of counsel), for respondent.

Iannacci, J.P., Chambers, Maltese and Wan, JJ., concur.


Appeal by the defendant from an order of the Supreme Court, Suffolk County (Timothy P. Mazzei, J.), dated August 22, 2023, which, after a hearing, denied his motion pursuant to CPL 440.47 to vacate his sentence and to be resentenced in accordance with Penal Law § 60.12.

Ordered that the order is affirmed.

In October 2006, when the defendant was 18 years old, he shot and killed Thomas Herzberg during a foiled robbery attempt. After a jury trial, the defendant...

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