Opinion
No. KA 10-01917.
September 30, 2011.
Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered April 1, 2010. The judgment convicted defendant, upon a jury verdict, of arson in the second degree.
ROBERT TUCKER, PALMYRA, FOR DEFENDANT-APPELLANT.
RICHARD M. HEALY, DISTRICT ATTORNEY, LYONS (MELVIN BRESSLER OF COUNSEL), FOR RESPONDENT.
Present — Smith, J.P., Fahey, Peradotto, Lindley and Sconiers, JJ.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed and the matter is remitted to Wayne County Court for resentencing.
Same memorandum as in People v Baker ( 87 AD3d 1313 [2011.]).