Opinion
2011-09-30
The PEOPLE of the State of New York, Respondent,v.Ricky BAKER, Defendant–Appellant. (Appeal No. 2.)
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.
Same Memorandum as in People v. Baker [Appeal No. 1], 87 A.D.3d ––––, 930 N.Y.S.2d 167 [2011].
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.
SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, and SCONIERS, JJ., concur.