People v. Harleston

Judgment, Supreme Court, New York County (Gregory Carro, J., at CPL 190.50 motion; James Burke, J., at jury trial and sentencing), rendered March 5, 2014, convicting defendant of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 15 years, unanimously modified, on the law, to the extent of remanding for resentencing, and otherwise affirmed. Order, same court (James Burke, J.), entered on or about April 1, 2015, which denied defendant’s CPL 440.10 motion to vacate the judgment, unanimously affirmed.

The court properly exercised its discretion in…