Opinion
545 KA 16-00349
06-12-2020
The PEOPLE of the State of New York, Respondent, v. Nyjee BOYD, Defendant-Appellant. (Appeal No. 1.)
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES A. HOBBS OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES A. HOBBS OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., TROUTMAN, WINSLOW, BANNISTER, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the resentence so appealed from is affirmed.
Same memorandum as in People v. Boyd [Appeal No. 2], 184 A.D.3d 1151, ––– N.Y.S.3d –––– [June 12, 2020] [4th Dept. 2020].
All concur except DEJOSEPH, J. , who dissents and votes to hold the case, reserve decision, and remit the matter to Supreme Court, Monroe County, for further proceedings in accordance with the same dissenting memorandum as in People v. Boyd [Appeal No. 2], 184 A.D.3d 1151, ––– N.Y.S.3d –––– [June 12, 2020] [4th Dept. 2020] ).