PEOPLE, ETC., res, v. RICARDO MARSDEN, ap

PEOPLE, ETC., res, v. RICARDO MARSDEN, ap — (IND. NO. 728/07) Appeal by the defendant from a judgment of the County Court, Nassau County (Berkowitz, J.), rendered August 8, 2008, convicting him of murder in the second degree (two counts), burglary in the first degree (two counts), attempted robbery in the first degree (two counts), attempted robbery in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing pursuant to a stipulation in lieu of motions (LaPera, J.), of the suppression of the defendant's statements to law enforcement officials. By decision and order dated October 18, 2011, this Court remitted the matter to the County Court, Nassau County, to hear and report on the defendant's motion pursuant to CPL 330.30(2) to set aside the verdict based upon allegations of juror misconduct, and the appeal was held in abeyance in the interim (see People v. Marsden, 88 AD3d 909). The County Court, Nassau County, has now filed its report.

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PEOPLE, ETC., res, v. RICARDO MARSDEN, ap — (IND. NO. 728/07) Appeal by the defendant from a judgment of the County Court, Nassau County (Berkowitz, J.), rendered August 8, 2008, convicting him of murder in the second degree (two counts), burglary in the first degree (two counts), attempted robbery in the first degree (two counts), attempted robbery in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing pursuant to a stipulation in lieu of motions (LaPera, J.), of the suppression of the defendant’s statements to law enforcement officials. By decision and order dated October 18, 2011, this Court remitted the matter to the County Court, Nassau County, to hear and report on the defendant’s motion pursuant to CPL 330.30(2) to set aside the verdict based upon allegations of juror misconduct, and the appeal was held in abeyance in the interim (see People v. Marsden, 88 AD3d 909). The County Court, Nassau County, has now filed its report.

ORDERED that the judgment is modified, on the facts, by vacating the conviction of murder in the second degree under the first count of the indictment and the convictions of burglary in the first degree (two counts), vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.

PEOPLE, ETC., res, v. RICARDO MARSDEN, ap

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