Polanco v. Smith
Filing 45
OPINION AND ORDER adopting 42 Report and Recommendations. No party has objected to the R&R; indeed the parties have advised the Court that they consent to Judge Parker's findings. The Court has reviewed Judge Parker's thorou gh and well-reasoned report and finds no error, clear or otherwise. It is therefore ORDERED that: (1) the R&R is ADOPTED in its entirety; (2) the Petition is GRANTED in part and DENIED in part; (3) Petitioner's convictions for first-degree possession, fourth-degree conspiracy, and two counts of second-degree criminal possession of a forged instrument are VACATED; and (4) the case be remanded to New York Supreme Court for further proceedings consistent with this order. (Signed by Judge Edgardo Ramos on 11/14/2017) (mro) Modified on 11/15/2017 (mro).
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