PEOPLE, ETC., res, v. TYSON SYDORIAK, ap

PEOPLE, ETC., res, v. TYSON SYDORIAK, ap — (IND. NO. 1465/09) Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.), rendered May 4, 2011, convicting him of attempted murder in the second degree, upon his plea of guilty, and attempted robbery in the first degree (two counts), attempted robbery in the second degree, criminal possession of a weapon in the second degree, attempted criminal possession of a controlled substance in the second degree, and attempted criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. By decision and order dated August 27, 2014, this Court reversed the judgment, on the law, and ordered a new trial (see People v. Sydoriak, 120 AD3d 840). On October 27, 2015, the Court of Appeals reversed the decision and order of this Court and remitted the matter to this Court for consideration of the facts and issues raised but not determined on the appeal to this Court (see People v. Sydoriak, 26 NY3d 1015). Justice Rivera has been substituted for former Justice Skelos and Justice Hinds-Radix has been substituted for former Justice Lott (see 22 NYCRR 670.1[c]).

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PEOPLE, ETC., res, v. TYSON SYDORIAK, ap — (IND. NO. 1465/09) Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.), rendered May 4, 2011, convicting him of attempted murder in the second degree, upon his plea of guilty, and attempted robbery in the first degree (two counts), attempted robbery in the second degree, criminal possession of a weapon in the second degree, attempted criminal possession of a controlled substance in the second degree, and attempted criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. By decision and order dated August 27, 2014, this Court reversed the judgment, on the law, and ordered a new trial (see People v. Sydoriak, 120 AD3d 840). On October 27, 2015, the Court of Appeals reversed the decision and order of this Court and remitted the matter to this Court for consideration of the facts and issues raised but not determined on the appeal to this Court (see People v. Sydoriak, 26 NY3d 1015). Justice Rivera has been substituted for former Justice Skelos and Justice Hinds-Radix has been substituted for former Justice Lott (see 22 NYCRR 670.1[c]).

ORDERED that, upon remittitur from the Court of Appeals, the judgment is affirmed.

PEOPLE, ETC., res, v. TYSON SYDORIAK, ap

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