Opinion
03-20-2015
The PEOPLE of the State of New York, Respondent, v. Reymundo Nieves–ROJAS, Defendant–Appellant. (Appeal No. 2.).
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of Counsel), for Defendant–Appellant.
Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of Counsel), for Respondent.
Opinion
It is hereby ORDERED that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the same memorandum as in People v. Nieves–Rojas (Appeal No. 1), 126 A.D.3d 1373, 5 N.Y.S.2d 654, 2015 WL 1281055 (Mar. 20, 2015).
SMITH, J.P., CARNI, SCONIERS, and VALENTINO, JJ., concur.