Opinion
No. KA 10-00165.
November 12, 2010.
Appeal from a resentence of the Cattaraugus County Court (Larry M. Himelein, J.), rendered May 12, 2009. Defendant was resentenced upon his conviction of unlawful imprisonment in the first degree and attempted criminal possession of a weapon in the third degree.
CARR SAGLIMBEN LLP, OLEAN (JAY D. CARR OF COUNSEL), FOR DEFENDANT-APPELLANT.
LORI RIEMAN, DISTRICT ATTORNEY, LITTLE VALLEY, FOR RESPONDENT.
Present — Smith, J.P., Lindley, Sconiers, Pine and Gorski, JJ.
It is hereby ordered that said appeal is unanimously dismissed. Same memorandum as in People v Aloi ( 78 AD3d 1546 [decided herewith]).