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People v. Diefenbacher

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 2005
21 A.D.3d 1295 (N.Y. App. Div. 2005)

Opinion

KA 03-02510.

September 30, 2005.

Appeal from a resentence of the Oswego County Court (Walter W. Hafner, Jr., J.), rendered August 12, 2003. Defendant was resentenced upon a conviction for burglary in the second degree (two counts), assault in the second degree and criminal mischief in the fourth degree.

D.J. J.A. CIRANDO, ESQS., SYRACUSE (REBECCA A. CRANCE OF COUNSEL), FOR DEFENDANT-APPELLANT.

DONALD H. DODD, DISTRICT ATTORNEY, OSWEGO (GREGORY S. OAKES OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present: Green, J.P., Scudder, Kehoe, Smith and Lawton, JJ.


It is hereby ordered that the resentence so appealed from be and the same hereby is unanimously reversed on the law and the matter is remitted to Oswego County Court for further proceedings in accordance with the same memorandum as in People v. Diefenbacher ( 21 AD3d 1293).


Summaries of

People v. Diefenbacher

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 2005
21 A.D.3d 1295 (N.Y. App. Div. 2005)
Case details for

People v. Diefenbacher

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL T…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 30, 2005

Citations

21 A.D.3d 1295 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 7062
801 N.Y.S.2d 200