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People v. Nuness

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 2000
275 A.D.2d 915 (N.Y. App. Div. 2000)

Opinion

September 29, 2000.

Appeal from Judgment of Supreme Court, Erie County, Marshall, J. — Robbery, 1st Degree.

PRESENT: PIGOTT, JR., P. J., GREEN, HAYES, KEHOE AND LAWTON, JJ.


Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum:

This Court affirmed defendant's judgment of conviction ( 159 A.D.2d 970, lv denied 76 N.Y.2d 862) and thereafter granted defendant's motion for a writ of error coram nobis ( 266 A.D.2d 934). Upon reviewing the appeal de novo, we agree with defendant that, in light of his conviction of two counts of robbery in the first degree (Penal Law § 160.15), his conviction of the noninclusory concurrent counts of criminal use of a firearm in the first degree (Penal Law § 265.09 [b]) must be reversed and the sentences imposed thereon vacated ( see, People v. Brown, 67 N.Y.2d 555, 560-5 61, cert denied 479 U.S. 1093). Although defendant's contention is not preserved for our review, we modify the judgment as a matter of discretion in the interest of justice by reversing defendant' s conviction of criminal use of a firearm in the first degree under counts three and four of the indictment, vacating the sentences imposed thereon and dismissing those counts of the indictment.


Summaries of

People v. Nuness

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 2000
275 A.D.2d 915 (N.Y. App. Div. 2000)
Case details for

People v. Nuness

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. WAYNE NUNESS…

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

Date published: Sep 29, 2000

Citations

275 A.D.2d 915 (N.Y. App. Div. 2000)
715 N.Y.S.2d 174

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