People v. Barone

Appellate Division of the Supreme Court of New York

People v. Barone

124 A.D.3d 547, 3 N.Y.S.3d 327

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 26, 2015

Docket5248/08 5708 6241] 5707

StatusPublished

This text of 124 A.D.3d 547 (People v. Barone) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Barone, 124 A.D.3d 547, 3 N.Y.S.3d 327 (N.Y. Ct. App. 2015).

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Opinion

On remittitur from the Court of Appeals (23 NY3d 294 [2014]), judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered May 26, 2010, convicting defendant Vincent Barone, after a jury trial, of enterprise corruption, attempted grand larceny in the third degree, two counts of scheme to defraud in the first degree and nine counts of offering a false instrument for filing in the first degree, and sentencing him to an aggregate term of 5V3 to 16 years, as previously modified (101 AD3d 585 [1st Dept 2012]) to the extent of directing that *548 certain sentences be served concurrently, unanimously modified further, as a matter of discretion in the interest of justice, to the extent of reducing the sentence on the enterprise corruption conviction to a term of V-k to 4 years, resulting in a new aggregate term of IV3 to 4 years, and otherwise affirmed. Judgment, same court and Justice, rendered April 7, 2010, convicting defendant V Reddy Rancharla, after a jury trial, of enterprise corruption, two counts of scheme to defraud in the first degree, nine counts of offering a false instrument for filing in the first degree and three counts of falsifying business records in the first degree, and sentencing him to an aggregate term of 7 to 21 years, as previously modified (id.) to the extent of vacating certain convictions of offering a false instrument for filing and directing that certain sentences be served concurrently, unanimously modified further, as a matter of discretion in the interest of justice, to the extent of reducing the sentence on the enterprise corruption conviction to a term of IV3 to 4 years, resulting in a new aggregate term of IV3 to 4 years, and otherwise affirmed. The matter is remitted to Supreme Court for further proceedings pursuant to CPL 460.50 (5) as to both defendants and proceedings in accordance with the stipulation of the parties regarding financial liability.

Defendants concede that the verdict is not against the weight of the evidence.

Concur — Tom, J.P., Mazzarelli, Friedman, Richter and Manzanet-Daniels, JJ.

Motions to withdraw appeal denied as academic.

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On remittitur from the Court of Appeals (23 NY3d 294 [2014]), judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered May 26, 2010, convicting defendant Vincent Barone, after a jury trial, of enterprise corruption, attempted grand larceny in the third degree, two counts of scheme to defraud in the first degree and nine counts of offering a false instrument for filing in the first degree, and sentencing him to an aggregate term of 5V3 to 16 years, as previously modified (101 AD3d 585 [1st Dept 2012]) to the extent of directing that *548 certain sentences be served concurrently, unanimously modified further, as a matter of discretion in the interest of justice, to the extent of reducing the sentence on the enterprise corruption conviction to a term of V-k to 4 years, resulting in a new aggregate term of IV3 to 4 years, and otherwise affirmed. Judgment, same court and Justice, rendered April 7, 2010, convicting defendant V Reddy Rancharla, after a jury trial, of enterprise corruption, two counts of scheme to defraud in the first degree, nine counts of offering a false instrument for filing in the first degree and three counts of falsifying business records in the first degree, and sentencing him to an aggregate term of 7 to 21 years, as previously modified (id.) to the extent of vacating certain convictions of offering a false instrument for filing and directing that certain sentences be served concurrently, unanimously modified further, as a matter of discretion in the interest of justice, to the extent of reducing the sentence on the enterprise corruption conviction to a term of IV3 to 4 years, resulting in a new aggregate term of IV3 to 4 years, and otherwise affirmed. The matter is remitted to Supreme Court for further proceedings pursuant to CPL 460.50 (5) as to both defendants and proceedings in accordance with the stipulation of the parties regarding financial liability.

Defendants concede that the verdict is not against the weight of the evidence.

Concur — Tom, J.P., Mazzarelli, Friedman, Richter and Manzanet-Daniels, JJ.

Motions to withdraw appeal denied as academic.

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Bluebook (online)

124 A.D.3d 547, 3 N.Y.S.3d 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barone-nyappdiv-2015.

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