Opinion
2014-05-9
The PEOPLE of the State of New York, Respondent, v. Raymond BRYANT, Defendant–Appellant. (Appeal No. 2.).
Appeal from a judgment of the Monroe County Court (Melchor E. Castro, A.J.), rendered June 4, 2010. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree. Timothy P. Donaher, Public Defender, Rochester (Drew R. Dubrin of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for Respondent.
Appeal from a judgment of the Monroe County Court (Melchor E. Castro, A.J.), rendered June 4, 2010. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree.
Timothy P. Donaher, Public Defender, Rochester (Drew R. Dubrin of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for Respondent.
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 Monroe County Court for further proceedings in accordance with the same Memorandum as in People v. Bryant ( [Appeal No. 1] ––– A.D.3d ––––, ––– N.Y.S.2d ––––, 2014 WL 1852855 [May 9, 2014] ). SCUDDER, P.J., SMITH, CARNI, LINDLEY, and WHALEN, JJ., concur.