People v. McCarthy

Full title: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSHUA D. MCCARTHY…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Dec 23, 2016

2016 N.Y. Slip Op. 8724 (N.Y. App. Div. 2016)

Opinion

1182 KA 15-01384

12-23-2016

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSHUA D. MCCARTHY, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

DAVISON LAW OFFICE PLLC, CANANDAIGUA (MARY P. DAVISON OF COUNSEL), FOR DEFENDANT-APPELLANT. DONALD G. O'GEEN, DISTRICT ATTORNEY, WARSAW (VINCENT A. HEMMING OF COUNSEL), FOR RESPONDENT.

CENTRA, J.P., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ.

PRESENT:

DAVISON LAW OFFICE PLLC, CANANDAIGUA (MARY P. DAVISON OF COUNSEL), FOR DEFENDANT-APPELLANT.

DONALD G. O'GEEN, DISTRICT ATTORNEY, WARSAW (VINCENT A. HEMMING OF COUNSEL), FOR RESPONDENT.

Appeal from a resentence of the Wyoming County Court (Michael M. Mohun, J.), rendered February 11, 2015. Defendant was resentenced upon his conviction of menacing a police officer or peace officer.

It is hereby ORDERED that the resentence so appealed from is unanimously affirmed.

Same memorandum as in People v McCarthy ([appeal No. 1] ___ AD3d ___ [Dec. 23, 2016]).

Entered: December 23, 2016

Frances E. Cafarell

Clerk of the Court