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People v. Barnes

Supreme Court, Appellate Division, Fourth Department, New York.
May 6, 2016
139 A.D.3d 1375 (N.Y. App. Div. 2016)

Opinion

05-06-2016

The PEOPLE of the State of New York, Respondent, v. Jesse J. BARNES, Defendant–Appellant. (Appeal No. 2.).

Leanne Lapp, Public Defender, Canandaigua (Mary P. Davison of Counsel), for Defendant–Appellant. R. Michael Tantillo, District Attorney, Canandaigua, for Respondent.


Appeal from a resentence of the Ontario County Court (Frederick G. Reed, A.J.), rendered July 9, 2014. Defendant was resentenced upon his conviction of burglary in the second degree (two counts), grand larceny in the third degree (two counts), grand larceny in the fourth degree (two counts), and criminal mischief in the third degree (two counts).

Leanne Lapp, Public Defender, Canandaigua (Mary P. Davison of Counsel), for Defendant–Appellant.

R. Michael Tantillo, District Attorney, Canandaigua, for Respondent.

Opinion

Same memorandum as in People v. Barnes (Appeal No. 1), 139 A.D.3d 1371, 30 N.Y.S.3d 787, 2016 WL 2602466 (May 6, 2016).

It is hereby ORDERED that the resentence so appealed from is unanimously modified on the law by vacating the resentence imposed for grand larceny in the third degree under count two of the indictment, and as modified the resentence is affirmed, and the matter is remitted to Ontario County Court for sentencing on the conviction of petit larceny under count two of the indictment.

CENTRA, J.P., CARNI, DEJOSEPH, CURRAN, and SCUDDER, JJ., concur.


Summaries of

People v. Barnes

Supreme Court, Appellate Division, Fourth Department, New York.
May 6, 2016
139 A.D.3d 1375 (N.Y. App. Div. 2016)
Case details for

People v. Barnes

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Jesse J. BARNES…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: May 6, 2016

Citations

139 A.D.3d 1375 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 3623
29 N.Y.S.3d 839