People v. Cady — 103 A.D.3d 1157

Majority

p. 1157

The People of the State of New York, Respondent, v Michael A. Cady, Appellant.

(Appeal No. 2.)

[958 NYS2d 638]

Appeal from a resentence of the Supreme Court, Monroe County (Joseph D. Valentino, J.), rendered January 19, 2010. Defendant was resentenced upon his conviction of criminal possession of a weapon in the second degree (two counts) and criminal possession of a weapon in the third degree.

It is hereby ordered that the resentence so appealed from is unanimously vacated.

Same memorandum as in People v Cady ( 103 AD3d 1155 [Feb. 1, 2013]). Present—Centra, J.P, Peradotto, Lindley, Whalen and Martoche, JJ.

Cases cited

People v. Cady 103 AD3d 1155 N.Y. App. Div. 2013-02-01 p. 1157