Opinion
623 KA 16–01174
06-08-2018
The PEOPLE of the State of New York, Respondent, v. Edward LUNDY, Defendant–appellant. (Appeal No. 3.)
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (NATHANIEL V. RILEY OF COUNSEL), FOR DEFENDANT–APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (NATHANIEL V. RILEY OF COUNSEL), FOR DEFENDANT–APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, CARNI, LINDLEY, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice by directing that the sentence shall run concurrently with the sentences imposed under superior court information Nos. I–13–0479–1 and I–13–0480–1, and as modified the judgment is affirmed.
Same memorandum as in People v. Lundy ( [appeal No. 1] 162 A.D.3d 1535, –––N.Y.S.3d ––––, 2018 WL 2751661 [June 8, 2018] [4th Dept. 2018] ).